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03.12.2019
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Saswata
(Allowed).
C.R.M. 11314 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 29.11.2019 in connection
with Nanoor P.S case no. 186/2019 dated 24.9.2019 under
Sections 498A/Section304B/Section306/Section34 of the IPC and Sections 3/4 of the
DP Act.
In the matter of : Nandadulal Mondal anr.
… Petitioners.
Mr. Sujoy Sarkar
…for the Petitioners
Mr. S.S.Imam
Mr. S.Kundu
…..for the State.
It is submitted on behalf of the petitioners that the victim-
housewife had committed suicide at her parental home.
Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the petitioners being the in laws
of the victim-housewife had tortured her over demands of dowry.
As a result she committed suicide at her parental home within one
year of her marriage.
We have considered the materials on record. We find from
the averments in the FIR that the husband of the deceased,
Rajkumar Mondal had demanded dowry and had tortured her over
telephone immediately prior to the incident. Keeping in mind the
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aforesaid fact and the extent of complicity of the petitioners in the
alleged crime, we are inclined to grant anticipatory bail to the
petitioners.
Accordingly, we direct that in the event of arrest the
petitioners viz., Nandadulal Mondal and Tunnurani Mondal 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
further condition that the petitioners shall meet the investigating
officer once in a week until further order and 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.)