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Sections 3/4 Of The Dowry … vs In Re: Barik Khan & Ors on 19 February, 2020

1

19.02.2020

Sl. No.69
akd
[PARTLY
ALLOWED]
C. R. M. 1855 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17.02.2020 in connection with Pukhuria Police Station Case No. 556 of
2019 dated 29.12.2019 under Sections 498A/307 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.3087 of 2019)

And

In Re: Barik Khan Ors.

… … Petitioners
Mr. Sudip Banerjee .. Advocate
… … for the petitioners

Mr. Rana Mukherjee .. Advocate
Mrs. Sonali Das .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they are the in-laws of the victim-

housewife and there is delay in lodging FIR.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

We have considered the materials on record. We note burn injuries on the

victim-housewife. Injury report also discloses that the victim was assaulted by the

petitioner nos.1 2 i.e. parents-in-law of the victim-housewife. In view of the prima facie

involvement of the petitioner nos.1 2 in assaulting the victim-housewife as appearing

from the materials on record, we are of the opinion that this is not a fit case to grant

anticipatory bail to them.

2

Accordingly, the prayer for anticipatory bail of the accused/petitioner nos.1 2

namely, (1) Barik Khan (2) Jahanara Mondal is rejected.

However, in view of the extent of complicity of the petitioner no.3 i.e. uncle-in-

law of the victim-housewife in the alleged crime, we are of the opinion that custodial

interrogation of the petitioner no.3 is not necessary in the facts of the present case and he

may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner no.3

namely (3) Amin Khan, be released on bail upon furnishing bond of Rs.10,000/- (Rupees

Ten thousand only), 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. Petitioner no.3 shall appear before the

Investigating Officer and hand over his passport, if any, within four weeks from date. In

the event he does not have a passport, he shall personally appear before the

Investigating Officer and furnish an affidavit to that effect within the time frame mentioned

hereinabove.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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