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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
2
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.)