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Prohibition Act vs In Re:- Sri Mrinal Kanti Das @ … on 4 October, 2018

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4.10.2018
10

Rejected
md.

CRM No. 7171 of 2018
Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 4th September, 2018 in
connection with English Bazar Women Police Station Case no. 01 of
2017, dated January 02, 2017, under Sections 498A/376/323/34
of the Indian Penal Code, 1860 read with Sections 3 /4 of the Dowry
Prohibition Act, 1961, corresponding to G.R. Case no. 47 of 2017.

And
In Re:- Sri Mrinal Kanti Das @ Mrinal Das
… Petitioner
Mr. Triptimoy Talukdar, Advocate
..for the Petitioner

Mrs. Debjani Sahu, Advocate
.. for the State

The petitioner seeks anticipatory bail in connection with English

Bazar Women Police Station Case no. 01 of 2017, dated January 02,

2017, under Sections 498A/376/323/34 of the Indian Penal Code,

1860 read with Sections 3 /4 of the Dowry Prohibition Act, 1961,

corresponding to G.R. Case no. 47 of 2017.

The petitioner is the husband of the sister of the victim’s

husband and the charge against the petitioner is under Section 376 of

the Penal Code.

The State produces the case diary and the statement of the

victim.

Considering the nature of the allegations and the fact that the

victim claimed to have been forced into the acts within five months of

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her marriage, it is necessary that the petitioner be subjected to

custodial interrogation.

Despite the petitioner’s offer, through the husband of the victim,

to provide for maintenance for the victim, such payment cannot be a

barter for excusing the petitioner from custodial interrogation.

CRM 7171 of 2018 is rejected.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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