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03.05.2018
Ct.28
RP 73
CRM 1599 of 2018
In Re : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed in connection with Arambagh P.S. Case No.86 of
2018 dated 10.02.2018 under Sections 498A/306 of the Indian Penal
Code.
And
In the matter of : Kanai Singh Ors.
…. Petitioners
Mr. Suddhadev Adak, Adv.
….. For the Petitioners
Mr. Arijit Ganguly, Adv.
Mr. Sanjib Kumar Dan, Adv.
….. for the State
It is submitted on behalf of the petitioners that they are the in-
laws of the victim housewife and did not play any role in the
matrimonial life of the couple as they resided in separate mess. It is
further submitted that the incident occurred 9 years after the
marriage.
Learned Advocate for the State produces the case diary and
opposes the prayer for anticipatory bail.
Having considered the materials in the case diary and keeping
in mind the general and omnibus nature of allegations in the light of
the submissions on behalf of the petitioners and the fact that incident
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occurred 9 years after the marriage, we are of the opinion that
custodial interrogation of the petitioners may not be necessary for the
progress of investigation and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest the petitioners
shall be released on bail upon furnishing bond of Rs.10,000/-(
Rupees Ten Thousand only) each with two sureties of like amount
each, to the satisfaction of the arresting officer and also subject to the
conditions laid down in sub-section (2) of Section 438 of the Code of
Criminal Procedure, 1973 and on further condition that they shall
meet the investigating officer once in a month until further orders.
The application for anticipatory bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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