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Penal Code vs Allowed on 20 March, 2019


tkm/ct 28 C.R.M. 3369 of 2019
sl no. 131

In Re : An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 19.3.2019 in connection with Harirampur P.S
case no. 7 of 2019 dated 14.1.2019 under sections 498A/302/34 of the Indian
Penal Code
In Re : Entajur Rahaman @ Entajur Chowdhury Ors.

…… petitioners
Mr. Kallol Mondal
Mr. M. A. Sk.

Mr. K. Ray
Mr. S. Das
…… for the petitioners
Mr. Binay Panda
Mr. S. Bhakat
…… for the State

Leave is granted to correct the cause title.
It is submitted on behalf of the petitioners that the victim
housewife committed suicide at Gurgaon in the State of Haryana
12 years after marriage. It is further submitted that petitioners did
not reside with the victim housewife at the place of occurrence.

Learned lawyer for the State opposes the prayer for bail.
Having considered the materials in the case diary and
bearing in mind the general and omnibus nature of allegations
against the petitioners who do not appear to have resided with the
victim housewife at Gurgaon where she suffered unnatural death,
we are inclined to grant anticipatory bail to the petitioners.

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 be subject to the
conditions as laid down under section 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the

petitioners shall appear before the court below and pray for regular
bail within a fortnight from date.

The application being CRM 3369 of 2019 is disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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