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Indian Penal Code Section 3 / 4 Of … vs In Re: Benjura Khatun Bibi @ … on 10 February, 2020

1

0.02.2020

Sl No.69
b.das
Allowed
CRM 1380 of 2020
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 06.02.20 in connection with Sagardighi P.S. Case
No.481 of 2019 dated 25.09.2019 under Sections 498A/302/120B/34 of the
Indian Penal Code Section 3 / 4 of Dowry Prohibition Act.

And

In Re: Benjura Khatun Bibi @ Benjura Bibi Anr.

… … Petitioners.

Ms. Sreyashee Biswas
… for the Petitioners.

Mr. S.G. Mukherjee, Ld. PP.

Mr. Aniket Mitra
… … for the State.

It is submitted on behalf of the petitioners that they are the alleged sisters-

in-law of the victim and do not ordinarily reside in the matrimonial home of the

victim lady and the incident occurred 12 years after marriage.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the

complicity of the petitioners in the alleged crime in the light of the submission

that they do not ordinarily reside in the matrimonial home of the victim, we are

inclined to grant anticipatory bail to them.

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

released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand

only) each, with two sureties of like amount each, one of whom must be local, 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 on
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condition that the petitioners shall appear before the investigating officer and

hand over their passports, if any, within a fortnight from date. In the event they

does not have passports, they shall personally appear before the investigating

officer and furnish affidavits to that effect within the time frame mentioned

hereinabove.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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