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Sandhya @ Subadhya Biswas & Ors vs Unknown on 14 February, 2019


147 14.02.2019

rkd Ct. No.28
C.R.M. 1826 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12/02/2019 in
connection with Gopalnagar P.S. Case No. 546 of 2017 dated
22/07/2017 under Sections 498A/306/34 of the Indian Penal
Code and under Sections 3/4 of the D.P. Act.


In the matter of: Sandhya @ Subadhya Biswas Ors.


Mr. M. K. Mukherjee,
Mr. G. K. Nath
…for the petitioners.

Mr. R. Mukherjee,
Ms. S. Bhattacharya
…for the State.

It is submitted on behalf of the petitioners that the

incident occurred thirteen years after the marriage.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail and submits that the petitioners

had absconded for a period of time.

We have considered the materials on record. We note that

the incident occurred thirteen years after marriage and the

statutory presumptions under Section 113A/113B of the

Evidence Act are not attracted in the facts of the instant case.

Under such circumstances and in view of the extent of complicity

of the petitioners in the alleged crime, we are inclined to grant

anticipatory bail to the petitioners.

In the event of arrest, the petitioner shall be released on

bail upon furnishing a Bond of Rs. 10,000/- 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 they shall appear before the court below and pray

for regular bail within a fortnight from date.

The application for anticipatory bail is, thus, disposed of.

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

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