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Judgments of Supreme Court of India and High Courts

Dipu Saha & Ors vs Unknown on 12 October, 2018

1

464 12.10.2018

C.R.M.7431 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 06/09/2018 in
connection with Durgapur (Woman) P.S. Case No.42 of 2018
gd dated 01/09/2018 under Sections 498A/406/307/34 of the
Indian Penal Code along with Sections 3 and 4 of the Dowry
Prohibition Act.

And

In the matter of: Dipu Saha Ors.

….petitioners.

Mr. Soumak Bera

…for the petitioners.

Mr. Arup Mandal
…for the State.

The petitioners seek anticipatory bail in connection with Durgapur

(Woman) P.S. Case No.42 of 2018 dated 01/09/2018 under Sections

498A/406/307/34 of the Indian Penal Code along with Sections 3 and 4 of

the Dowry Prohibition Act.

The petitioners are the husband and the near relatives of the husband

of the victim.

The State refers to the statements of the victim and some of the

neighbours and of the accounts given of torture being inflicted on the de facto

complainant.

Considering the extent of the injuruies, there does not appear any

need to take the petitioners into custody as long as they cooperate with the

investigation.

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.

A certified copy of this order be immediately made available to the
2

petitioners, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)

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