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Judgments of Supreme Court of India and High Courts

Prohibition Act vs In Re: Anuradha Sarkar & Anr on 10 September, 2018

1

10.09.2018
60

sdas
allowed

C.R.M. No. 7112 of 2018

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 04.09.2018
in connection with Baranagar Police Station Case No. 277 of 2018 dated 05.05.2018 under
Section 498A/304B/306/34 of the Indian Penal Code read with Sections 3/4 of the Dowry
Prohibition Act.

And

In Re: Anuradha Sarkar Anr. ……… petitioners

Mr. Suman De
…. for the petitioners

Mr. S. G. Mukherjee, learned P.P.,
Smt. Sreeparna Das
….. for the State

The petitioners seek anticipatory bail in connection with

Baranagar Police Station Case No. 277 of 2018 dated 05.05.2018

under Section 498A/304B/306/34 of the Indian Penal Code read with

Sections 3/4 of the Dowry Prohibition Act.

The State submits that the charge-sheet has been filed.

Considering the material against the petitioners, there may not

be any further need to detain them in custody as long as they

cooperate in the investigation.

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 under Section 438(2) of

the Code of Criminal Procedure, 1973. In addition, the petitioners will
2

also attend the trial on a regular basis on the dates fixed. In default of

the petitioners attending the trial, the Trial Court will be at liberty to

cancel the defaulting petitioners’ bail without reference to this Court.

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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