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Sabitri Giri & Anr vs Unknown on 3 January, 2019

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M/L No.462
C.R.M. 9147 of 2018
03.01.2019

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 09/10/2018 in
connection with Bhupatinagar P.S. Case No. 23/2018 dated
18/02/2018 under Sections 498A/302/304B/34 of Indian
Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

And

In the matter of: Sabitri Giri Anr.

….petitioners.

Mr. Supratick Syamal
Mr. Gourab Ghosh
…for the petitioners.

Ms. Anusua Sinha
…for the State.

The petitioners seek anticipatory bail in connection with

Bhupatinagar P.S. Case No. 23/2018 dated 18/02/2018 under

Sections 498A/302/304B/34 of Indian Penal Code and Sections

3 and 4 of the Dowry Prohibition Act.

The petitioners are the parents-in-law of the victim who

suffered an unnatural death within three years of her marriage.

The husband has obtained bail after the expiry of the

statutory period.

The State says that notwithstanding some of the villagers

claiming the death to be suicidal in nature, the post-mortem

report found continuous ligature mark indicating that the death

may have been homicidal in nature.

Since the husband has obtained bail, there may not be

much use in detaining the petitioners at this stage as long as

they cooperate with the Investigating Officer as and when called

for.

Accordingly, in the event of arrest, the petitioners are

directed to be released on 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, one of whom
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must be local, to the satisfaction of the Arresting Officer, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will also

report to the Investigating Officer at such time and place as may

be specified by the concerned police officer, till the investigation

is completed.

The petition for anticipatory bail is allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioners, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)
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