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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.)
