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Judgments of Supreme Court of India and High Courts

Indian Penal Code vs In Re on 20 September, 2018

1

20.09.2018

Item no. 64
Ct. No.34
CHC
Allowed

C.R.M. No.7343 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 06.09.2018 in connection
with Chanchal Police Station Case No. 193/18 dated 10.04.2018
for alleged offence punishable under Sections 498A/306/34 of the
Indian Penal Code.

And
In Re:-

Santosh Sinha
… Petitioner

Mr. Milon Mukherjee, Sr. Advocate
Mr. Usof Ali Dewan, Advocate
Mr. Arup Sarkar, Advocate
.. for the petitioner

Mr. Arijit Ganguly, Advocate
Mr. Sanjib Kumar Dan, Advocate
..for the State

The petitioner seeks anticipatory bail in connection with

Chanchal Police Station Case No. 193/18 dated 10.04.2018 for

alleged offence punishable under Sections 498A/306/34 of the

Indian Penal Code.

The petitioner is the husband of the victim who committed

suicide within two months of her marriage.

Though the State claims that there is material to show that the

victim was driven to commit suicide because of demand of dowry

and the treatment at the in-laws’, it is evident that the victim was
2

at her paternal residence when she committed suicide and the

petitioning husband may not have been present at the place of

occurrence.

Considering the material against the petitioner in the incident

leading to the death of the victim, there may not be any need to

take the petitioner into custody.

Accordingly, in the event of arrest, the petitioners will be

granted bail upon furnishing a security 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 the Arresting Officer, subject to the conditions as

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

1973. In addition, the petitioner will also report to the Investigating

Officer at such time and place as may be specified by the

concerned police officer.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

A certified copy of this order be immediately made available to

the petitioner subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)

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