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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
2
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.)