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Section 384 Of The Dowry … vs In Re: Pradeep Kumar Mohapatra & … on 10 July, 2018

1

10.07.2018
72

sdas
allowed

C.R.M. No. 4593 of 2018

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on
06.07.2018 in connection with Gopiballavpur Police Station Case No. 44 dated
20.06.2018 under
Sections 498A/406/313/307/354 of the Indian Penal Code read with
Section 384 of the Dowry Prohibition Act.

And

In Re: Pradeep Kumar Mohapatra Ors. ……… petitioners

Mr. Subrata Ghosh
…for the petitioners

Mr. Madhu Sudan Sur, learned A.P.P.

Mr. Imran Ali,
Mr. Mirza Firoj Ahmed Begg
…. for the State

Mr. Diptangshu Basu
…. for the de facto complainant

It is submitted by the learned Counsel appearing for the

petitioners that they are in-laws of the victim housewife and have

been falsely implicated in the instant case. It is further submitted

that there is delay in lodging the first information report and

streedhan articles have been recovered .

Learned Counsel appearing for the de facto complainant

opposes the prayer for anticipatory bail and submits that the victim

housewife was subjected to indecent advances and was also forced to

abort.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

2

We have considered the materials on record and we find from

the medical report that the allegation of assault is attributable to the

husband who is presently in custody. There is some delay in lodging

the first information report. Th statement of the victim recorded

under Section 164 of the Code of Criminal Procedure with regard to

the indecent advances is not corroborated of any contemporaneous

report to the law enforcement authorities.

In view of the aforesaid facts, we are of the opinion that though

custodial interrogation of the petitioners may not be necessary in the

instant case, they require to co-operate with the investigation in

accordance with law.

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

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, 1973 on

condition that petitioner no. 4 shall meet the investigating officer

once in a week until further orders.

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

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

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