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S/L No.31
C.R.M. 7072 of 2018
06.09.2018
Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 04/09/2018 in
connection with Samsherganje P.S. Case No. 336/2017 dated
31/10/2017 under Sections 498A/307/34 of the Indian Penal
Code adding Section 326(A)/302 of Indian Penal Code and 3/4
D.P. Act.
And
In the matter of: Murshed Sk Anr.
….petitioners.
Mr. Shabana Hasin
…for the petitioners.
Mr. Rana Mukherjee
Ms. Sujata Das
…for the State.
The petitioners seek anticipatory bail in connection with
Samsherganje P.S. Case No. 336/2017 dated 31/10/2017 under
Sections 498A/307/34 of the Indian Penal Code adding Section
326(A)/302 of Indian Penal Code and 3/4 D.P. Act.
The petitioners are the parents-in-law of the victim who
was apparently administered poison and her alimentary canal
was burnt away which resulted in her dying of malnourishment.
The State produces the case diary and refers to some of
the statements of witnesses.
Considering the allegations against the mother-in-law and
her role in the incident, the second petitioner’s prayer is rejected.
However, since the petitioner no.1 may not have been
directly involved in the incident and the first petitioner may have
taken the victim to the hospital, the first petitioner need not be
arrested.
Accordingly, in the event of arrest, the petitioner No.1 is
directed to be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand only), with two sureties of
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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 No.1 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 partly allowed on the
conditions indicated above.
A certified copy of this order be immediately made
available to the petitioners, subject to compliance with all
requisite formalities.
(Sanjib Banerjee, J.)
(Abhijit Gangopadhyay, J.)
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