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72 26.06.2018
rkd Ct. No.28 C.R.M. 4161 of 2018
(Allowed)
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 22/06/2018 in
connection with Debra P.S. Case No. 187 of 2018 dated
10/04/2018 under Sections 498A/306/34 of the Indian Penal
Code.
And
In the matter of: Ganesh Chandra Seni Anr.
….petitioners.
Ms. S. Das
…for the petitioners.
Mr. Saswata Gopal Mukherjee, P.P.,
Ms. S. Das
…for the State.
It is submitted on behalf of the petitioners that they are
the parents-in-law of the victim housewife and the incident
occurred 12 years of her marriage.
Learned counsel appearing on behalf of the State opposes
the prayer for anticipatory bail.
Having considered the materials in the case diary and
bearing in mind the extent of complicity of the petitioners in the
alleged crime and the fact that the incident occurred 12 years of
her marriage and the fact that statutory presumptions under
Section 113A/113B are not attracted in the facts of the case, we
are inclined to grant anticipatory bail to the petitioners.
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
Section 438(2) of the Code of Criminal Procedure, 1973 and on
further condition that they shall meet the investigating officer
once in a week until further orders.
The application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)