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Judgments of Supreme Court of India and High Courts

Of The Indian Penal Code And … vs In Re on 26 July, 2018

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26.7.2018
30

ALLOWED
md.

CRM No. 5246 of 2018
In Re:- An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 24.07.2018 in connection with Arambagh Police
Station Case No.911 of 2017 dated 15.09.2017 under Sections 498A/307/406
of the Indian Penal Code and Sections 3 /4 of the Dowry Prohibition Act. ;

And
In Re:-

Tarun Kabi
… Petitioner

Mr. Tanmay Chowdhury, Advocate
Mr. Tapas Kumar Ghosh, Advocate

.. for the petitioner

Mr. Aditishankar Chakraborty, Advocate
Mr. Nirupam Dhali, Advocate

.. for the State

The petitioner seeks anticipatory bail in connection with Arambagh

Police Station Case No.911 of 2017 dated 15.09.2017 under Sections

498A/307/406 of the Indian Penal Code and Sections 3 /4 of the Dowry

Prohibition Act.

The petitioner is the husband of the victim and has come up before this

Court since the petitioner’s prayer has been rejected by the Sessions Court

while the other relatives have been granted anticipatory bail.

The State produces the case diary.

There does not appear to be any serious injury suffered by the victim.

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It is submitted that the victim is at present staying at her father’s place.

There may not be any need to detain the petitioner for custodial

interrogation.

Accordingly, in the event of arrest, the petitioner will be granted bail

upon furnishing 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 report to the

Investigating Officer at such time and place as may be specified by the

concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions as

indicated above.

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

petitioners subject to compliance with all requisite formalities.

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

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