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Judgments of Supreme Court of India and High Courts

Malati Manna vs Unknown on 1 March, 2019

1

102 01.03.2019

AB Court 28 C.R.M. 2455 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Sankrail P.S.
Case No.891 of 2018 dated 08.12.2018 under Sections 498A
306/34 of the Indian Penal Code

And

In the matter of : Malati Manna

…Petitioner.

Mr. S. Basu Roychoudhury …for the Petitioner.

Mr. Rana Mukherjee,
Ms. Sukanya Bhattacharya…for the State.

It is submitted on behalf of the petitioner that she is the

sister-in-law of the victim housewife and co-accused has been

granted pre-arrest bail by this court. It is further submitted that

the incident occurred 16 years after the marriage.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the nature of allegations in the light of the aforesaid

submissions made on behalf of the petitioner and the fact that

co-accused has been granted pre-arrest bail by this court, we

are inclined to extend similar privilege to the petitioner also.

Accordingly, we direct that in the event of arrest the

petitioner shall be released on bail upon furnishing a bond of
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Rs.10,000/-(Rupees Ten Thousand only) with two sureties of

like amount each to the satisfaction of the arresting officer and

also be subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further

condition that she shall appear before the court below and pray

for regular bail within a fortnight from date.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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