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Read With Sections 3/4 Of The Dowry … vs In Re: Ujjwal Biswas & Ors on 3 September, 2019

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03.09.19

Sl. No.53
akd
[ALLOWED]
C. R. M. 7776 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 26.08.2019 in connection with Raiganj Women Police Station Case No.
116 of 2018 dated 10.11.2018 under Sections 498A/Section304B/Section34 of the Indian Penal Code
read with Sections 3/Section4 of the Dowry Prohibition Act. (G.R. Case No.1584 of 2018)

And

In Re: Ujjwal Biswas Ors.

… … Petitioners
Mr. Kaushik Choudhury .. Advocate
Mr. S. Hazra .. Advocate
… … for the petitioners

Mr. Swapan Banerjee .. Advocate
Mrs. Purnima Ghosh .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that the victim-housewife committed

suicide at her parental home. It is further submitted that they are her in-laws and the

principal accused i.e. the husband has been enlarged on regular bail.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the victim-housewife was driven out of her matrimonial home and thereafter,

committed suicide at her parental home.

Having considered the materials on record and keeping in mind the extent of

involvement of the petitioners in the alleged crime in the light of the submission that the

victim-housewife committed suicide at her parental home and as the principal accused i.e.

the husband has been enlarged on regular bail, we are of the opinion that custodial
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interrogation of the accused/petitioners may not be necessary in the facts of the present

case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Ujjwal Biswas, (2) Sabita Sarkar Biswas (3) Rekha Biswas, be released

on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two

sureties of like amount each, to the satisfaction of the arresting officer and also be subject

to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and on further condition that they shall appear before the court below and pray for

regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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