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74 03.01.2018
Aloke Court 28 C.R.M. 14 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 02.01.2018 in connection
with Chandannagar P.S. Case No.183 of 2017 dated 23.11.2017
under Sections 498A/323/354B/313 of the Indian Penal Code
and Sections 3/4 of the Dowry Prohibition Act.
And
In the matter of: Narayan Pal
…Petitioner
Mr. Sanjib Kr. Dan
… for the petitioner
Mr. Sudip Ghosh
Mr. Apurba Kr. Datta
… for the State
allowed
Petitioner submits that he is the father-in-law of the
victim and has been falsely implicated in the instant case which
was registered in retaliation to a matrimonial suit filed by the
husband against the victim-wife.
Learned counsel appearing for the State opposes the
prayer for bail.
We have considered the materials on record and bearing
in mind the nature of allegations in the light of the aforesaid
submissions on behalf of the petitioner and the fact that the
medical papers relating to miscarriage relate to an incident in
2015, we are of the opinion that custodial interrogation of the
petitioner may not be necessary in the facts of the case and
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petitioner may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the
petitioner shall be released on anticipatory bail upon furnishing
bond of Rs.10,000/-(Rupees Ten Thousand only) with two
sureties of like amount, to the satisfaction of the arresting officer
and also subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, accordingly,
allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)