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Penal Code Read With Sections 3/4 … vs In Re: Nityananda Das Adhikary @ … on 17 May, 2018



Sl. No.195
C. R. M. 2803 of 2018

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 15.05.2018 in connection with Debra Police Station Case No. 98 of
2015 dated 01.03.2018 under Sections 498A/323/354A/376/511/406/34 of the Indian
Penal Code read with Sections 3/4 of the Dowry Prohibition Act.


In Re: Nityananda Das Adhikary @ Netai Das
… … Petitioner

Mr. Siddhartha Sarkar .. Advocate
Mr. Akash Ghosh .. Advocate
Mr. Hirak Roy .. Advocate
… … for the petitioner

Mrs. Sukanya Bhattacharya .. Advocate
Mrs. Puspita Saha .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that he is the brother-in-law of the

victim-housewife and that he has been falsely implicated in the instant case.

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

for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the extent

of complicity of the petitioner in the alleged crime, we are of the opinion that custodial

interrogation of the accused/petitioner may not be necessary in the facts of the present

case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Nityananda Das Adhikary @ Netai Das, be released on bail upon furnishing a bond of

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

satisfaction of the arresting officer and also subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973.

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

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

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