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Judgments of Supreme Court of India and High Courts

Dp Act vs Allowed on 17 July, 2019

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17.07.2019
tkm/ct 28 C.R.M. 6221 of 2019
sl no. 105
In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 16.7.2019 in connection with
Contai P.S case no. 128 of 2018 dated 1.4.2019 under Sectionsections
498A/Section306/Section34 of the Indian Penal Code read with sections 3/4 of the
DP Act
And
Allowed
In Re : Parameshwar Katuyal @ Parames war Katuyal Ors.
……

petitioners

Mr. R. Chakraborty
…… for the petitioners
Mr. B. K. Roy
Ms. Rita Datta
…… for the State

Heard the learned advocates appearing for the respective

parties.

It is submitted on behalf of the petitioners that he incident

occurred 11 years after marriage.

Learned lawyer for the State opposes the prayer for

anticipatory bail and submits that the petitioners had tortured

the housewife who was compelled to commit suicide.

Having considered the materials in the case diary including

the statement of the victim housewife and bearing in mind the

extent of complicity of the petitioners in the alleged crime and as

the incident occurred 11 years after marriage and as statuary

presumption under Sectionsection 113 A of the Evidence Act is not
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attracted in the facts of the case, we are inclined to grant

anticipatory bail to the petitioners.

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

before the court below and pray for regular bail within four weeks

from date.

The application being CRM 6221 of 2019 is disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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