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Penal Code vs Allowed on 10 January, 2020


tkm/ct 28 C.R.M. 258 of 2020
sl no. 50

In Re : An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 8.1.2020 in connection with Domkal P.S case no.
698 of 2019 dated 12.9.2019 under sections 498A/302/34 of the Indian
Penal Code
In Re : Miraj Biswas Anr. …… petitioners

Mr. A Dey
…… for the petitioners
Mr. S G Mukherjee, ld PP
Mr. Aniket Mitra
…… for the State

It is submitted on behalf of the petitioners that they are the
in-laws of the victim housewife and they have been falsely
implicated in the instant case. Co-accused persons have been
granted anticipatory bail.

Learned lawyer for the State opposes the prayer for
anticipatory bail and draws out attention to the statement of the
son of the victim recorded under section 164 Cr.P.C
We have considered materials on record including the said
statement of the child. Primary allegation is against the aunt of the
said child.

In view of the extent of complicity of the petitioners in the
alleged crime and as co-accused persons have been granted pre-
arrest bail, we are inclined to extend the same privilege to the
petitioners also.

Accordingly, we direct that in the event of arrest, the
petitioners shall be released on bail upon furnishing a bond of Rs.
10,000/- each with two sureties of like amount each, 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 and that the petitioners shall appear

before the court below and pray for regular bail within four weeks
from date.

The application being CRM 258 of 2020 is disposed of.

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

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