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Dp Act vs In Re: Usha Samanta & Anr on 11 November, 2019

1

11.11.2019

Sl No.135
AP
CRM 10354 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 08.11.2019 in connection with Debra Police Station
Case No. 507/2019 dated 12.09.2019 under Sections
498A/Section323/Section325/Section307/Section506/Section34 of the Indian Penal Code and Sections 3/4 of the
DP Act.

And

In Re: Usha Samanta Anr.

… … Petitioners.

Mr. Soumyajit Das Mahapatra,
… for the petitioners.

Mr. Narayan Prasad Agarwala,
Mr. Debabrata Dasgupta
… … for the State.

It is submitted on behalf of the petitioners that they are parents-in-law of

the victim housewife and they have been falsely implicated in the instant case.

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

submits that the petitioner No.2 i.e. father-in-law of the victim housewife used to

give indecent proposal to her and petitioner No.1 i.e. mother-in-law of the victim

housewife prevented the children from meeting her.

We have considered the materials on record. We find that there is no

allegation with regard to indecent proposals by Petitioner No.2 to the de facto

complainant is bereft of material particulars as to date and time and the

allegation against Petitioner No.1 is also woefully vague. Under such

circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners be

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand
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Only) each, with two sureties of like amount each, to the satisfaction of the

arresting officer and also be subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on condition that the

petitioners shall appear before the court below and pray for regular bail within a

period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

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

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