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Judgments of Supreme Court of India and High Courts

Milan Kazi vs The State Of West Bengal on 4 January, 2019

1

Serial No.34.

January 4, 2019.

SG
Allowed
CRM 11267 of 2018

In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.

In the matter of:

Milan Kazi

-versus-

The State of West Bengal

Mr Manas Kumar Das
… for the petitioner.

Ms Debjani Sahu
… for the State.

The petitioner seeks anticipatory bail in connection with
Palashipara Police Station Case No.171 of 2018 dated September
22, 2018 under Sections 498A/313/307/34 of the Indian Penal
Code.

The petitioner is a brother of the husband of the de facto
complainant.

The State produces the case diary and says that the husband
and his relatives forced the petitioner to consume poison or the like
which resulted in the complainant suffering a miscarriage. The
further allegation of the wife is that the husband and his relatives
tried to kill her.

Considering the material against the petitioner, there may not
be any need to take the petitioner into custody at this stage.

2

Accordingly, in the event of arrest, the petitioner is directed to
be released on bail upon furnishing bonds of Rs.10,000/- (Rupees
Ten Thousand Only) with two sureties of 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, till the investigation is completed.

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. )

( Suvra Ghosh, J. )
3

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