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Khushbari Bewa & Ors vs Unknown on 26 August, 2019

1

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.
2

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.)

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