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Judgments of Supreme Court of India and High Courts

Prohibition Act vs In Re on 5 October, 2018

1

05.10.2018

Item no. 227
Ct. No.34
CHC
Allowed

C.R.M. No.8026 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 17.09.2018 in connection
with Jalpaiguri Police Station Case No. 74 of 2017 dated 5.2.2017
for alleged offence punishable under Sections 498A/494 of the
Indian Penal Code, 1860 and Sections 3/4 of the Dowry
Prohibition Act, 1961.

And
In Re:-

Sk. Rajgir Alam @ Rajgir Alam ors.

… Petitioners

Md. Sabir Ahmed, Advocate
Mr. Hillol Saha Podder, Advocate
.. for the petitioners

Ms. Sukanya Bhattacharyya, Advocate
Ms. Sutapa Banerjee, Advocate
..for the State

The petitioners seek anticipatory bail in connection with

Jalpaiguri Police Station Case No. 74 of 2017 dated 5.2.2017 for

alleged offence punishable under Sections 498A/494 of the Indian

Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act,

1961.

The first petitioner is the husband of the de facto complainant

and the others are the relatives of such husband.

The State produces the case diary and refers to the statement

of the de facto complainant.

Considering the material, there does not appear to be any need

to take any of the petitioners into custody at the moment.

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

granted bail upon furnishing a 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
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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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