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27.08.2019
Item no. 15
Ct. No.32
CHC
Partly Allowed
C.R.M. No.7606 of 2019
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 20.08.2019 in connection
with Baduria Police Station Case No. 319 dated 17.07.2019 for
alleged offence punishable under Sections
498A/323/406/376/511/34 of the Indian Penal Code and 3/ 4 of
the D.P. Act.
And
In the matter of:-
Rakibul Mondal ors.
….Petitioners
Md. Younush Mondal
… for the petitioners
Mr. Sudip Konar
…for the State
This application has been moved by the petitioners
apprehending arrest in connection with Baduria Police Station
Case No. 319 dated 17.07.2019 for alleged offence punishable
under Sections 498A/323/406/376/511/34 of the Indian Penal
Code and 3/ 4 of the D.P. Act.
Learned advocate for the State opposes the prayer for
anticipatory bail.
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Since we find complicity against accused nos.1 and 2, we are
not inclined to release them on anticipatory bail.
On perusal of the Case Diary, we find from the medical report
that injuries are there on the victim and some indications have
been made against accused Nos.1 and 2.
So far as the accused No.3, Anuyara Bibi is concerned, we do
not find any complicity against her and therefore, we deem it not
appropriate for custodial interrogation of the mother-in-law,
accused No.3, Anuyara Bibi.
Accordingly, we direct that in the event of arrest, the
accused/petitioner No.3, Anuyara Bibi shall be released on bail
upon furnishing a bond of Rs.10,000/- (Rupees ten thousand
only), with two sureties, one of whom must be local, to the
satisfaction of Arresting Officer and on further condition that the
accused shall comply with the conditions in Section 438 (2) of the
Code of Criminal Procedure, 1973 and on further condition that
petitioner No.3 shall ensure her appearance before the trial Court
and obtain regular bail within 15 days from date.
The petition for anticipatory bail of the petitioner no.3 is
allowed subject to the conditions as indicated above.
C.R.M. No.7606 of 2019 stands disposed of.
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A certified copy of this order be immediately made available to
the petitioner no.3 subject to compliance of all requisite
formalities.
(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)
