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Judgments of Supreme Court of India and High Courts

Penal Code vs In Re on 3 August, 2018

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3.8.2018
58

Allowed
md.

CRM No. 5234 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 24.7.2018 in connection with
Nowda Police Station Case No. 197 of 2018 dated 22.06.2018 for
alleged offence punishable under Sections 498A/306 of the Indian
Penal Code.

And
In Re:-

Premananda Chowdhury and others
… Petitioners

Mr. Asraf Mandal, Advocate
.. for the petitioners

Mr. Rana Mukherjee, Ld. A.P.P.

Mrs. Sujata Das, Advocate
..for the State

Leave is given to Advocate for the petitioners to correct the

name of the third petitioner in the cause title. Such correction be

carried out in the presence of an officer of this Court.

The petitioners seek anticipatory bail in connection with

Nowda Police Station Case No. 197 of 2018 dated 22.06.2018 for

alleged offence punishable under Sections 498A/306 of the

Indian Penal Code.

The State produces the case diary from which it appears that

death of the victim may have been suicidal. The statements of the

witnesses and the de facto complainant point to the husband.

The husband remains arrested.

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The petitioners herein are the parents of the husband, a

sister, a brother and some other relatives.

Considering the extent of the petitioners’ involvement in the

incident and the matters pertaining to the charges levelled, it is

not necessary for them to be detained immediately.

Accordingly, in the event of arrest, the petitioners will be

granted bail upon furnishing security of Rs.10,000/- (Rupees

ten thousand only) each, 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 petitioners 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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