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Judgments of Supreme Court of India and High Courts

Of Dowry Prohibition Act vs In Re on 6 September, 2018

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6.9.2018
01

Allowed
md.

CRM No. 6965 of 2018
Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 30.08.2018 in connection
with Domjur P.S. Case No. 579 of 2017 dated 6.7.2017 arising out
of G.R. Case No.4185 of 2017 under Sections 498A/304B/34
adding Section 302 of the Indian Penal Code and Section 3 and 4
of Dowry Prohibition Act.

And
In Re:-

Sandhya Ghosh @ Sandhya Middya
… Petitioner
Ms. Koyeli Bhattacharyya, Advocate
..for the Petitioner

Mr. S.G. Mukherjee, Ld. P.P.

Mr. Rudradipta Nandy, Advocate
.. for the State

The petitioner seeks anticipatory bail in connection with

Domjur P.S. Case No. 579 of 2017 dated 6.7.2017 arising out

of G.R. Case No.4185 of 2017 under Sections 498A/304B/34

adding Section 302 of the Indian Penal Code and Section 3 and

4 of Dowry Prohibition Act.

The State produces the case diary and says that the

petitioner was as culpable as the husband in the incident

leading to the death of the victim within six years of her

marriage. The State also refers to paragraph 5 of the petition

and the erroneous statements contained therein. The State

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says that the two brothers-in-law of the victim were declined

anticipatory bail twice over and the present petitioner does not

stand on a different footing than such brothers-in-law.

However, considering that the charge-sheet has been filed,

that the petitioner is 65 years of age and there may not be any

useful purpose in subjecting the petitioner to custodial

interrogation, the petitioner is granted anticipatory bail.

Accordingly, 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 every

day that the matter is fixed and any default on the part of the

petitioner will entitle the trial court to cancel the bail without

reference to this Court.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

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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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