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Dilruba Khatun & Anr vs Unknown on 26 September, 2018

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S/L No.53
C.R.M. 7553 of 2018
26.09.2018

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 10/09/2018 in
connection with Sankrail P.S. Case No. 304/2018 dated
13/05/2018 under Sections 498A/304B/302/34 of the Indian
Penal Code and under Sections 3/4 Dowry Prohibition Act.

And

In the matter of: Dilruba Khatun Anr.

….petitioners.

Ms. Sreyashee Biswas
…for the petitioners.

Mr. Swapan Banerjee
Ms. Purnima Ghosh

…for the State.

The petitioners seek anticipatory bail in connection with

Sankrail P.S. Case No. 304/2018 dated 13/05/2018 under

Sections 498A/304B/302/34 of the Indian Penal Code and

under Sections 3/4 Dowry Prohibition Act.

The petitioners are the father-in-law and the sister-in-law

of the victim who succumbed to her burn injuries some three

years after her marriage.

According to the petitioners, the husband and the mother-

in-law were arrested, but have later been enlarged on bail.

The State produces the case diary and refers to the

statements of the some of the witnesses to the effect that the

victim had been tortured by her in-laws in pursuance of their

demand for more dowry.

It also appears that some of the in-laws may have

threatened to burn the victim to death if their demands were not

met.

However, considering that the husband and the mother-

in-law have been enlarged on bail and the extent of the

involvement of these petitioners, there does not appear to be any
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need to take them into custody at the moment.

Accordingly, in the event of arrest, the petitioners are

directed to be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties

of Rs.5,000/- (Rupees Five Thousand only) each, one of whom

must be local, to the satisfaction of the Arresting Officer, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will also

report to the Investigating Officer at such time and place as may

be specified by the concerned police officer.

The petition for anticipatory bail is allowed on the

conditions indicated above.

Certified copies of this order be immediately made available

to the petitioners, subject to compliance with all requisite

formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)
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