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Sanjoy Midya @ Sanjoy Kumar vs Unknown on 22 July, 2019





C.R.M. 5933 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 09.07.2019 in connection
with Labpur P. S. Case No.114 of 2019 dated 27.06.2019 under
Sections 498A/Section306 of the Indian Penal Code and Sections 3 / Section4 of
the Dowry Prohibition Act.

In the matter of : Sanjoy Midya @ Sanjoy Kumar
Midya Ors.

… Petitioner.

Mr. Sanjib Kr. Dan.

…for the Petitioner.

Mr. Probhas Bhattacharyya,
Mr. Arabinda Manna.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that the victim

housewife committed suicide 13 years after marriage.

Learned Advocate appearing for the State opposes the prayer

for bail and submits that the petitioners subjected the victim

housewife to torture and as a result, she was compelled to commit


We have considered the materials on record and bearing in

mind the nature of allegations and as the victim committed suicide

13 years after marriage and the statutory presumption under

Section 113A of the Evidence Act is not attracted in the facts of the

case, we are inclined in granting anticipatory bail to the


Accordingly, we direct that in the event of arrest the

petitioners viz., Sanjoy Midya @ Sanjoy Kumar Midya, Swapan

Kumar Midya and Sundari Midya shall be released on bail upon

furnishing a bond of Rs.10,000/- each with two sureties of like

amount each, to the satisfaction of the arresting officer and

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

Code of Criminal Procedure, 1973 and on further condition that

the petitioner no.1 shall meet the investigating officer once in a

week until further orders and the petitioners shall appear before

the trial court and pray for regular bail within four weeks from


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

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

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