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Sarati Malakar And Others vs The State Of West Bengal on 7 January, 2019


Serial No.45.

January 7, 2019.

CRM 11335 of 2018

In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.

In the matter of:

Sarati Malakar and others


The State of West Bengal

Mr Debajit Kundu
… for the petitioners.

Mr Rudradipta Nandy
… for the State.

The petitioners seek anticipatory bail in connection with
Bhaktinagar Police Station Case No.759 of 2018 dated October 9,
2018 under Sections 498A/307/302/34 of the Indian Penal Code.

The petitioners are the relatives of the husband of the victim
who was burnt to death within a few years of her marriage.

The State produces the case diary and refers to a document
said to be the dying declaration of the victim.

Considering the thrust of the allegations in such documents
being against the husband of the victim, there is no immediate need
to take the present petitioners into custody.

Accordingly, in the event of arrest, the petitioners are directed
to be released on bail upon furnishing bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each, with two sureties of Rs.5,000/-


(Rupees Five Thousand Only) each, one of whom must be local, to
the satisfaction of the arresting officer, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973. In
addition, the petitioners will report to the investigating officer at
such time and place as may be specified by the concerned police
officer, till the investigation is completed.

The petition for anticipatory bail is allowed on the conditions
indicated above.

A certified copy of this order be immediately made available to
the petitioners, subject to compliance with all requisite formalities.

( Sanjib Banerjee, J. )

( Suvra Ghosh, J. )

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