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Judgments of Supreme Court of India and High Courts

No.2648/2016) vs In Re on 31 July, 2018

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31.7.2018
05

Allowed
md.

CRM No. 5393 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 26.7.2018 in connection
with Manikchak Police Station case No.245/2016 dated 23.06.2016
under section 498A/302/34 of the Indian Penal Code (G.R. Case
No.2648/2016).

And
In Re:-

Ramnath Mandal
… Petitioner

Mr.Amitabha Karmakar, Advocate
Mr. Arup Kr. Bhowmick, Advocate
..for the Petitioner

Mr. Sudip Ghosh, Sr. Govt. Advocate
Mr. Bitasok Banerjee, Advocate
.. for the State

The petitioner seeks anticipatory bail in connection with

Manikchak Police Station case No.245/2016 dated 23.06.2016

under section 498A/302/34 of the Indian Penal Code (G.R.

Case No.2648/2016).

The case, as alleged in the FIR, appears to be serious.

The State says that the charge-sheet has already been filed.

According to the State, there are credible witnesses who

described the torture inflicted on the victim by the relatives of

the husband. The State also points out that the death occurred

within two years of marriage and about three months after a

child was born to the victim.

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The petitioner is the father-in-law of the victim and says

that four of the FIR-named persons, including the husband of

the victim, have been enlarged on bail.

Since the investigation is complete and the State cannot

demonstrate why the petitioner is required to be specially

detained in custody, the petitioner is afforded anticipatory bail

subject to the conditions indicated.

In the event of arrest, the petitioner will be granted bail

upon furnishing a security of Rs.10,000/- (Rupees ten

thousand only), with two sureties of 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

as laid down in Section 438 (2) of the Code of Criminal

Procedure, 1973. In addition, the petitioner will also attend the

trial on a regular basis on the dates fixed. In default of the

petitioner attending the trial, the trial court will be at liberty to

cancel the petitioner’s bail without reference to this Court.

The petition for anticipatory bail is allowed as above.

A certified copy of this order be immediately made available

to the petitioner subject to compliance with all requisite

formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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