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Murshed Sk & Anr vs Unknown on 6 September, 2018

1

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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