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Durga Bera @ Durga Das vs Unknown on 13 March, 2019

50 13.03.2019 C.R.M. 2573 of 2019
Aloke Court 28

In Re : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 05.03.2019 in connection with
Kharagpur Local P.S. Case No.02 of 2019 dated 01.01.2019 under
Sections 498A/302/304B/34 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act.


In the matter of: Durga Bera @ Durga Das
Mr. Suman Das Adhikari
… for the petitioner
Mr. Saswata Gopal Mukherjee, ld. P.P.

Ms. Sreparna Das
… for the State

It is submitted on behalf of the petitioner that she is the

maternal aunt of the victim-housewife and did not play any role in the
matrimonial life of the couple.

Learned counsel for the State opposes the prayer for

anticipatory bail and submits that the victim suffered unnatural death

within five years of marriage and had been subjected to torture.

We have considered the materials on record. We find that the

allegations of torture are general and omnibus so far as petitioner is

concerned. In view of the complicity of the petitioner in the alleged

crime, we are inclined to grant anticipatory bail to her.

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

petitioner shall be released on bail upon furnishing bond of

Rs.10,000/-(Rupees Ten Thousand only) 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 shall appear before the court

below and pray for regular bail within a fortnight from date.

The application for anticipatory bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied for, be

supplied expeditiously after complying with all necessary legal


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

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