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15.01.2020
.
67.
as
(Allowed).
C.R.M. 527 of 2020
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 24.12.2019 in connection
with Sabang P.S. Case No.392 of 2019 dated 04.09.2019 under
Sections 498A/323/307/506/34 of the Indian Penal Code.
In the matter of : Moumita Bankura (Mandal) Ors.
… Petitioners.
Mr. Triptimoy Talukder,
Mr. Dipanjan Chatterjee,
Mr. A. Tarafdar,
Mr. Swapan Bhattacharyya.
…for the Petitioners.
Mr. Imran Ali,
Ms. Sima Biswas.
…..for the State.
Mr. Provas Bhattacharyya,
Mr. Dilip Kr. Sadhu.
…for the de-facto complainant.
Liberty is given to the learned Advocate-on-record of the
petitioners to correct the cause title of the petition.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that they are in-
laws of the victim housewife and have been falsely implicated in
the instant case.
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Learned Advocate appearing for the State opposes the prayer
for anticipatory bail.
Learned Advocate appearing for the de-facto complainant
also opposes the prayer for anticipatory bail and submits that the
victim was driven out from the matrimonial home.
Having considered the materials on record and keeping in
mind the extent of complicity of the petitioners in the alleged crime
and as the allegation of physical assault is not supported by
medical papers, we are inclined to grant anticipatory bail to the
petitioners.
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/- each with two sureties of like amount each, to the
satisfaction of the arresting officer and subject to the conditions as
laid down under Section 438(2) of the Code of Criminal Procedure,
1973 and on condition that the petitioners shall appear before the
trial court and pray for regular bail within four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh,J.) (Joymalya Bagchi, J.)
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