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Judgments of Supreme Court of India and High Courts

Gita Rani Manna vs Unknown on 24 September, 2019

1

24.09.2019

Item no.74
Ct. No.29
CHC
Allowed

C.R.M. No.8334 of 2019

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 12.09.2019 in connection
with Egra Police Station Case No.73 of 2019 dated 19.01.2019 for
alleged offence punishable under Sections 498A/304B/34 of the
Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

And

In the matter of:-

Gita Rani Manna
….Petitioner

Mr. Mazhar Hossain Chowdhury,
Ms. Debolina Roy Sarkar
… for the petitioner

Mr. Aniket Mitra
…for the State

This application has been moved by the petitioner

apprehending arrest in connection with Egra Police Station Case

No.73 of 2019 dated 19.01.2019 for alleged offence punishable

under Sections 498A/304B/34 of the Indian Penal Code and

Sections 3/ 4 of the Dowry Prohibition Act.

The petitioner is the mother-in-law of the victim housewife who

had got burn injury of 50% and was admitted by the neighbours

on 13th January, 2019 and kept in the hospital till 19th January,
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2019. The Post Mortem report reveals that the victim died of

septicemia.

We have perused the neighbours statement recorded under

Section 161 of the Code of Criminal Procedure which does not

show any complicity against this petitioner. We, therefore, do not

deem it appropriate that custodial interrogation of this petitioner is

necessary. We are, therefore, inclined to grant petitioner

anticipatory bail.

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

accused/petitioner shall be released on bail upon furnishing a

bond of Rs.10,000/- (Rupees ten thousand only), with two sureties

of Rs.5,000/- (Rupees five thousand only) each, one of whom

must be local, to the satisfaction of Arresting Officer and on

further condition that the accused petitioner shall comply with the

conditions in Section 438 (2) of the Code of Criminal Procedure,

1973 and on further condition that petitioner shall ensure her

appearance before the trial Court and obtain regular bail within 15

days from date.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

C.R.M. No.8334 of 2019 stands disposed of.
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A certified copy of this order be immediately made available to

the petitioner subject to compliance of all requisite formalities.

(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)

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