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Moumita Bankura (Mandal) & Ors vs Unknown on 15 January, 2020

1

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.

2

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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