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Judgments of Supreme Court of India and High Courts

Haradhan Kunkri vs Unknown on 3 January, 2018

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61 03.01.2018

C.R.M. 13206 of 2017
sg Ct. No.28
(Allowed)
In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 22/12/2017 in connection
with Tarakeshwar P.S. Case No. 143 of 2012 dated 01/09/2012
under Sections 498A/307/302 of the Indian Penal Code and
Sections 3/4 of the Dowry Prohibition Act.

And

In the matter of: Haradhan Kunkri
….petitioner
Mr. Debojyoti Deb, Adv.

…for the petitioner
Mr. Saswata Gopal Mukherjee, PP
Ms. Sreyashee Biswas, Adv.

…for the State

It is submitted on behalf of the petitioner that the petitioner

is the uncle-in-law of the victim housewife, who had suffered

accidental burns while cooking resulting in her death. It is also

submitted that the other co-accused persons have enlarged on

regular bail.

Learned lawyer for the State opposes the prayer for bail and

submits that the petitioner had absconded for a protracted period

of time.

We have considered the materials on record and we find

from the medical papers that the victim had suffered accidental

burns while cooking and the other co-accused persons have

enlarged on regular bail.

In view of the aforesaid facts, we are of the opinion that

custodial detention of the petitioner in the instant case may not be

necessary and he may be granted anticipatory bail.

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 to the satisfaction of the arresting

officer and subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973.
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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

formalities.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)
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