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Section 306 Of The Indian Penal … vs In Re: Bani Sarkar & Ors on 10 May, 2018



Partly allowed

C.R.M. No. 2244 of 2018

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on
07.05.2018 in connection with Gazole Police Station Case No. 739 of 2017 dated
28.10.2017 under Sections 498A/325/308/34 of the Indian Penal Code and added
Section 306 of the Indian Penal Code.


In Re: Bani Sarkar Ors. . …… petitioners

Mr. Biswajit Hazra,
Mr. Sunit Kumar Roy
…for the petitioners

Mr. Saswata Gopal Mukherjee, learned P.P.,
Mr. Rudradipta Nandy
…. for the State

It is submitted by the learned Counsel appearing for the

petitioners that petitioner no. 3 has already been discharged from the

case. Accordingly, application for anticipatory bail so far as

petitioner no. 3 is concerned is dismissed as infructuous.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

Having considered the materials in the case diary and bearing

in mind the nature of allegations and the extent of involvement of the

petitioners no. 1 and 2 in the alleged crime and the fact that

statutory presumptions under Sections 113A/113B of the Evidence

Act are not attracted in view of the fact that the victim suffered

unnatural death beyond seven years of her marriage, we are of the

opinion that custodial interrogation of the petitioners no. 1 and 2 is

not necessary in the instant case and they may be granted

anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners

no. 1 and 2 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 also subject to the conditions

as laid down under Section 438(2) of the Code of Criminal Procedure,


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

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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