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Judgments of Supreme Court of India and High Courts

Mihir Show @ Sahoo vs Unknown on 9 October, 2018

1

331 09.10.2018

C.R.M.8166 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18/09/2018 in
connection with Beliaberah P.S. Case No.47 of 2018 dated
gd 06/07/2018 under Sections 498A/328/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.

And

In the matter of: Mihir Show @ Sahoo.

….petitioner.

Mr. S. Das Mahapatra

…for the petitioner.

Mr. Aditi Shankar Chakraborty
Ms. Sima Biswas
…for the State.

The petitioner seeks anticipatory bail in connection with

Beliaberah P.S. Case No.47 of 2018 dated 06/07/2018 under

Sections 498A/328/34 of the Indian Penal Code and Sections

3/4 of the Dowry Prohibition Act.

The petitioner claims that the complaint was lodged after

the petitioner applied for annulment of the marriage on

discovering that the wife was previously married and the wife

also had a child.

The State produces the case diary and the allegations are,

inter alia, to the effect that the victim was induced to have a

miscarriage upon having some pills provided by the petitioner

herein.

Considering the fact that the victim’s original marriage

may still be subsisting, there is no need to take the petitioner

into custody.

Accordingly, in the event of arrest, the petitioner is

directed to be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only), with two sureties of
2

Rs.5,000/- (Rupees Five Thousand Only) each, one of whom

must be local, to the satisfaction of the Arresting Officer, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973. In addition, the petitioner will also

report to the Investigating Officer at such time and place as may

be specified by the concerned police officer.

The petition for anticipatory bail is allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioner, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)

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