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Manju Keshari Pal vs Unknown on 8 February, 2019

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107 08.02.2019

AB Court 28 C.R.M. 1403 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Kalna P.S.
Case No.580 of 2018 dated 5.11.2018 under Sections 498A/302
34 of the Indian Penal Code

And

In the matter of : Manju Keshari Pal
@ Muktakeshari Pal Others

…Petitioners.

Mr. Debabrata Roy,
Mr. T. C. Mukherjee …for the Petitioners.

Mr. Swapan Banerjee,
Ms. Purnima Ghosh …for the State.

It is submitted on behalf of the petitioners that the

victim committed suicide ten years after her marriage. It is

further submitted that they are the in-laws of the victim

housewife and have been falsely implicated in the instant case.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

We have considered the materials on record and we find

that the victim committed suicide ten years after her marriage.

The statutory presumptions under Sections 113A/113B of the

Evidence Act are not attracted in the facts of the case.

Allegations against the petitioners are also general and omnibus

in nature. Under such circumstances, we are inclined to grant
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anticipatory bail to them.

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing a 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 be subject to the conditions as laid down under Section

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

condition that the petitioners 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.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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