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Judgments of Supreme Court of India and High Courts

Rita Goel & Others vs Unknown on 20 February, 2019

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151 20.02.2019

AB Court 28 C.R.M. 2115 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Bidhannagar
East P.S. Case No.02 of 2019 dated 7.1.2019 under Sections
498A/406 of the Indian Penal Code read with Sections 3/4 of
the Dowry Prohibition Act

And

In the matter of : Rita Goel Others

…Petitioners.

Mr. Sandipan Ganguly, Sr. Advocate,
Mr. Ayan Bhattacharya,
Mr. Siddhartha Sharma,
Ms. Ujjaini Chatterjee …for the Petitioners.

Mr. Shiladitya Banerjee …for the State.

It is submitted on behalf of the petitioners that they are

the in-laws of the victim housewife and have been falsely

implicated in the instant case which was belatedly registered in

2019 although the victim housewife had deserted her

matrimonial home in 2016.

It is further submitted that the petitioners have

cooperated with the investigation and streedhan articles have

been seized in the course of investigation.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail and submits that lastly on 3.1.2019

the victim was assaulted and driven out of her matrimonial

home.

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We have considered the allegations in the first

information report. Petitioners are the in-laws of the victim

housewife. From the allegations in the first information report it

appears that the defacto complainant was ordinarily residing at

her parental home on and from 2016. Investigation has

progressed and recoveries have been effected from the

matrimonial home of the victim housewife.

Under such circumstances, we are of the opinion that

custodial interrogation of the petitioners may not be necessary

and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioners shall 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 within

four weeks from date and pray for regular bail in accordance

with law.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary
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legal formalities.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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