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Sadhana Saha vs Unknown on 5 February, 2019

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97 05.02.2019

AB Court 28 C.R.M. 641 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Habibpur
P.S. Case No.147 of 2017 dated 28.4.2017 under Sections 498A
494/313/506/34 of the Indian Penal Code

And

In the matter of : Sadhana Saha

…Petitioner.

Mr. Mounick Ghosh …for the Petitioner.

Mr. Imran Ali,
Sk. Arif Hossain …for the State.

It is submitted on behalf of the petitioner that she is the

second wife of the husband of the defacto complainant. It is

further submitted that the allegations of miscarriage are not

supported by medical evidence.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the extent of complicity of the petitioner in the alleged

crime and in the light of the submissions made on behalf of the

petitioner, we are of the opinion that custodial interrogation of

the petitioner may not be necessary.

Accordingly, we direct that in the event of arrest the

petitioner shall be released on bail upon furnishing a bond of
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Rs.10,000/-(Rupees Ten Thousand only) with two sureties of

like amount each to the satisfaction of the arresting officer and

also subject to the conditions as laid down under Section 438(2)

of the Code of Criminal Procedure, 1973 and on further

condition that she shall appear before the court below and pray

for regular bail within a fortnight from date.

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

legal formalities.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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