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Judgments of Supreme Court of India and High Courts

Nurul Islam vs Unknown on 7 January, 2019

1

79 07.1.2019

C.R.M. 11380 of 2018

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11/12/2018 in
connection with Panskura P.S. Case No.524 of 2018 dated
26/10/2018 under Sections 498A/307/34 of the Indian Penal
gd Code and Section 4 of the Dowry Prohibition Act added with
Section 302 of the Indian Penal Code.

And

In the matter of: Nurul Islam.

….petitioner.

Mr. Amal Krishna Samanta
…for the petitioner.

Mr. Swapan Banerjee
Ms. Purnima Ghosh
…for the State.

The petitioner seeks anticipatory bail in connection with Panskura

P.S. Case No.524 of 2018 dated 26/10/2018 under Sections 498A/307/34 of

the Indian Penal Code and Section 4 of the Dowry Prohibition Act added with

Section 302 of the Indian Penal Code.

The petition is by the father-in-law of the wife who, according to the

State, has left a dying declaration.

The relevant document makes out that the husband was responsible

for the then incumbent unnatural death of the wife.

Considering such material, there may not be any need to take the

petitioner into custody at this stage.

Accordingly, in the event of arrest, the petitioner is directed to be
released on bail upon furnishing a bond 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 laid down in Section 438(2) of the Code of Criminal
Procedure, 1973. In addition, the petitioner will also report to the Investigating
Officer at such time and place as may be specified by the concerned police
officer, till the investigation is completed.

The petition for anticipatory bail is allowed on the conditions
indicated above.

A certified copy of this order be immediately made available to the

petitioner, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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