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Penal Code Read With Section 4 Of … vs In Re: Sarbeswar Dey & Anr on 27 November, 2019

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27.11.2019

Sl No.55
b.das
CRM 11046 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 25.11.2019 in connection with Ramnagar P.S. Case
No.102 of 2019 dated 25.04.2019 under Sections 498A/Section304B/Section34 of the Indian
Penal Code read with Section 4 of the Dowry Prohibition Act.

And

In Re: Sarbeswar Dey Anr.

… … Petitioners.

Mr. Koushik Chowdhury
Mr. D. Roychowdhury
Ms. Isita Mitra Roychowdhury
Mr. P.K. Goswami
… for the Petitioners.

Mr. Arijit Ganguly
Mr. Sanjib Kumar Dan
… … for the State.

This is second application for pre-arrest bail on the premise that co-

accused Mridul Dey has been granted pre-arrest bail.

It is further submitted that the victim housewife committed suicide owing

to an illicit relation between her husband and Rina Dey.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We note that after rejection of pre-arrest bail of the petitioners, co-accused

Mridul Dey has been granted the same relief. Owing to an illicit affair between

the husband of the deceased and one Rina Dey, wife of Mridul Dey, the victim

housewife committed suicide.

Under such circumstances, we are inclined to entertain this subsequent

application for pre-arrest bail. Allegation against the petitioners are general and

omnibus in nature and they do not appear to have played any significant role
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with regard to the illicit affair which appears to be the trigger for commission of

suicide.

Accordingly, we direct that in the event of arrest, the petitioners 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 arresting officer and also be subject to the conditions as

laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on

condition that the petitioners shall appear before the court below and pray for

regular bail within a period of four weeks from date. In addition, the petitioners

will 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 application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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