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Read With Sections 3 And 4 Of The … vs In Re:- Md. Rofh & Ors on 1 February, 2019

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01.02.2019
55

jb.

CRM No. 353 of 2019
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 7th January, 2019 in connection
with Raiganj Women Police Station Case No. 114 of 2018 dated
04.11.2018 under Sections 498A/302/34 of the Indian Penal Code
read with Sections 3 and 4 of the Dowry Prohibition Act.

And

In Re:- Md. Rofh Ors.

… Petitioners
Ms. Debi Priya Mitra
.. for the petitioners

Mr. Rudradipta Nandy
.. for the State

The petitioners seek anticipatory bail in connection with Raiganj
Women Police Station Case No. 114 of 2018 dated 04.11.2018 under Sections
498A/302/34 of the Indian Penal Code read with Sections 3 and 4 of the
Dowry Prohibition Act.

The petitioners are the close relatives of the husband of the victim
who appears to have died due to antemortem ingestion of poison.

The State produces the case diary and refers to the statements of
the witnesses under Section 161 of the Code as well as the post-mortem
report of the victim. It appears that no external or internal injury was
discovered on the person of the victim.

Considering the nature of the allegations as well as the extent of the
probable involvement of the present petitioners in the incident that led

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to the unnatural death of the victim, their custodial interrogation may
not be required at this stage.

Accordingly, in the event of arrest, the petitioners will be granted
bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only)
each with two sureties of Rs.5,000/- (Rupees five thousand only) each
to the satisfaction of the arresting officer, subject to the conditions as
laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In
addition, the petitioners will report to the investigating officer at such
time and place as may be specified by the concerned police officer, till
the investigation is completed.

CRM 353 of 2019 is allowed as above.

A certified copy of this order be immediately made available to the
petitioners subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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