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Dowry Prohibition Act vs In Re:- Dilip Das And Others on 18 September, 2018


September 18, 2018.

CRM No. 7062 of 2018

In Re:- An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on August 30, 2018 in connection with Kumargram
Police Station Case No. 164 dated August 21, 2018 under Sections
498A/323/307/34 of the Indian Penal Code read with Sections 3 and 4 of the
Dowry Prohibition Act.


In Re:- Dilip Das and others
… Petitioners.

Mr. Navnil De,
Mrs. Ayantika Roy
… for the petitioners.

Ms. Sonali Bhar
…for the State.

The petitioners are the relatives of the husband of the victim. The husband

remains arrested.

The State produces the case diary and says that the husband tried to

throttle the victim to death. There are also allegations of ill-treatment by the in-

laws for their demand for dowry not being met.

Considering the general nature of the allegations against these petitioners

and the fact that the husband remains in custody, there does not appear to be

any need to arrest these petitioners at this moment.

Accordingly, in the event of arrest, the petitioners will be granted bail upon

furnishing a security 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 as 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 prayer for anticipatory bail is allowed subject to the conditions as

indicated above.

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

subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)


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