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26.08.2019
Item no. 1
Ct. No.32
CHC
Allowed
C.R.M. No.7585 of 2019
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 20.08.2019 in connection
with Manichak Police Station Case No. 312/19 dated 11.08.2019
for alleged offence punishable under Sections 498A/306/34 of the
Indian Penal Code read with under Sections 3/ 4 of the Dowry
Prohibition Act.
And
In the matter of:-
Khushbari Bewa ors.
….Petitioners
Mr. Pravas Bhattacharya,
Mr. Koushik Majumdar,
Ms. Sudeshna Das,
Mr. Dhananjay Nayek
… for the petitioners
Mr. Sudip Konar
…for the State
This application has been moved by the petitioners
apprehending arrest in connection with Manichak Police Station
Case No. 312/19 dated 11.08.2019 for alleged offence punishable
under Sections 498A/306/34 of the Indian Penal Code read with
under Sections 3/ 4 of the Dowry Prohibition Act.
The petitioners are all in-laws of the victim.
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On consideration of the Case Diary particularly the Post
Mortem Report and the 161 Statements of neighbours, we do not
find any direct incriminating material to the commission of offence
against these accused persons. The petitioners are entitled to be
released on anticipatory bail.
Accordingly, we direct that in the event of arrest, the
accused/petitioners shall be released on bail upon furnishing a
bond of Rs.5,000/- (Rupees five thousand only), with two sureties
of like amount, to the satisfaction of Arresting Officer and on
further condition that the accused shall comply with the
conditions in Section 438 (2) of the Code of Criminal Procedure,
1973 and on further condition that petitioners shall ensure their
appearance before the trial Court and obtain regular bail within 15
days from date.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above. C.R.M. No.7585 of 2019 stands
disposed of.
A certified copy of this order be immediately made available to
the petitioners subject to compliance of all requisite formalities.
(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)