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04.09.2019
tkm/ct 28 C.R.M. 7890 of 2019
sl no. 53

In Re : An application for anticipatory bail under Sectionsection 438 of the Code of
Criminal Procedure filed on 27.8.2019 in connection with New Market P.S
case no. 329 of 2018 dated 19.8.2018 under Sectionsections 498A/Section376D/Section34 of the
IPC
And
Allowed
In Re : Nihal Shams Ors. …… petitioners

Mr. Jaydeep Biswas
Mr. S. Das
…… for the petitioners
Ms. Faria Hossain
Ms. Baisali Basu
…… for the State

It is submitted on behalf of the petitioners that they are

the step sons of the victim and they have been falsely implicated

in the instant case owing to the matrimonial dispute between

the said de facto complainant and their father.

Learned lawyer for the State opposes the prayer for

anticipatory bail and submits that the victim alleged in her

statement under Sectionsection 164 Cr.P.C that she was violated by

them.

We have considered the materials on record and we find

that the said allegation is not reflected in the FIR nor in the

medical papers collected in the course of investigation.

Keeping in mind the aforesaid facts and circumstances of

the case, we are inclined to grant anticipatory bail to the

petitioners.

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

petitioners shall be released on bail upon furnishing a bond of

Rs. 10,000/- each with two sureties of like amount each, to the

satisfaction of the Arresting Officer and also subject to the

conditions as laid down under Sectionsection 438(2) of the Code of

Criminal Procedure, 1973 and that the petitioners shall appear

before the court below and pray for regular bail within four

weeks from date.

The application being CRM 7890 of 2019 is disposed of.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)