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Judgments of Supreme Court of India and High Courts

Of The Dowry Prohibition Act vs In Re: Mujibar Rahman Khan @ Titon … on 26 July, 2018

1

26.07.18

Sl. No.24
akd
[ALLOWED]
C. R. M. 5207 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
24.07.2018 in connection with Khargram Police Station Case No. 87 of 2018 dated
10.04.2018 under Sections 498A/304B/302/34 of the Indian Penal Code and Sections 3/4
of the Dowry Prohibition Act.

And

In Re: Mujibar Rahman Khan @ Titon Sk. Anr.

… … Petitioners

Mr. Pratip Kumar Chatterjee .. Advocate
… … for the petitioners

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Parthapratim Das .. Advocate
… … for the State

The petitioners are seeking bail in connection with a case relating to offences

punishable under Sections 498A/304B/302/34 of the Indian Penal Code and Sections 3/4

of the Dowry Prohibition Act.

It is submitted on behalf of the petitioners that they are in custody for about 99

days and that investigation is complete.

Learned Counsel for the State produces the case diary and opposes the prayer

for bail.

We have considered the materials on record. Bearing in mind the nature of

allegations and the period of detention suffered by the petitioners and the fact that

investigation is complete, we are of the opinion that further detention of the

accused/petitioners is not necessary.

2

Therefore, the accused/petitioners, namely (1) Mujibar Rahman Khan @ Titon

Sk. (2) Tukun Bibi @ Lal Begum, be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one

of whom must be local, to the satisfaction of the learned Additional Chief Judicial

Magistrate, Kandi, Murshidabad subject to condition that the said petitioners shall appear

before the trial court on every date of hearing until further orders and shall not intimidate

witnesses or tamper with evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel their bail automatically without reference to this

court.

The application for bail, thus, stands allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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