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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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