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Sampa Sarkar vs Unknown on 14 February, 2019

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65 14.02.2019
AB Court 28

C.R.M. 1453 of 2019

In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Gaighata
P.S. Case No.483 of 2018 dated 30.5.2018 under Sections
498A/306/34 of the Indian Penal Code

And

In the matter of : Sampa Sarkar

…Petitioner.

Mr. Arnab Chatterjee,
Ms. Arpita Saha …for the Petitioner.

Mr. Swapan Banerjee,
Ms. Purnima Ghosh …for the State.

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

sister-in-law of the victim housewife and the allegations against

her are general and omnibus.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail and submits that the victim

housewife committed suicide within five years of her marriage

due to torture meted out by the petitioner and other accused

persons.

Having considered the materials on record and bearing

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

crime and the fact that the allegations are general and omnibus

in nature, we are of the opinion that custodial interrogation of
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the petitioner is not necessary and she may be granted

anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-(Rupees Ten Thousand only) 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 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.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)
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