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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.)
