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Dp Act vs Allowed In Re : Madan Jana & Ors on 25 November, 2019

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25.11.2019
tkm/ct 28 C.R.M. 10939 of 2019
sl no. 76

In Re : An application for anticipatory bail under Sectionsection 438 of the Code of
Criminal Procedure filed on 21.11.2019 in connection with Sabang P.S case
no. 74 of 2019 dated 21.2.2019 under Sectionsections
498A/Section323/Section376D/Section307/Section406/Section506/Section34 of the IPC read with sections 3/4 of the
DP Act

And
Allowed In Re : Madan Jana Ors. …… petitioners

Mr. P Bhattacharya
…… for the petitioners
Mr. N De
…… for the State

It is submitted on behalf of the petitioners that they have
been falsely implicated in the instant case over a matrimonial
dispute between the petitioner no. 2 and the de facto complainant.

Learned lawyer for the State opposes the prayer for
anticipatory bail.

We have considered the materials on record including the
statement of the victim recorded under section 164 Cr.P.C.

In view of the aforesaid fact and bearing in mind the nature
of allegations in the light of the submission that the allegation of
ravishing the victim is devoid of material particulars as to time and
date and as the victim had refused medical examination, we are of
the opinion custodial interrogation of the petitioners may not be
not necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of Rs.
10,000/- each with two sureties of like amount each, to the
satisfaction of the Arresting Officer and also subject to the
conditions as laid down under Sectionsection 438(2) of the Code of
Criminal Procedure, 1973 and that the petitioners shall appear
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before the court below and pray for regular bail within four weeks
from date.

The application being CRM 10939 of 2019 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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