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21.02.19
Sl. No.72
akd
[ALLOWED]
C. R. M. 1982 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 15.02.2019 in connection with Bishnupur Police Station Case No. 555
of 2018 dated 28.07.2018 under Sections 498A/304B/34 of the Indian Penal Code and
Sections 3/4 of the Dowry Prohibition Act.
And
In Re: Deboshree Sardar @ Debashree Sardar
… … Petitioner
Md. Sabir Ahmed .. Advocate
Mr. Hillol Saha Poddar .. Advocate
Mr. Sudipto Sen .. Advocate
… … for the petitioner
Mr. Rudradipta Nandy .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that she is the married sister-in-law of
the victim and that she has been falsely implicated in the instant case. It is further
submitted that the petitioner resides in a separate residence and did not play any role in
the matrimonial life of the victim-housewife.
Learned advocate for the State opposes the prayer for anticipatory bail and
submits that the victim-housewife committed suicide within two months of marriage.
We have considered the materials on record. We note that the petitioner does
not reside in the matrimonial home of the victim-housewife. That apart, the allegations
against the petitioner are general and omnibus. In view of the aforesaid facts, we are of
the opinion that custodial interrogation of the accused/petitioner may not be necessary in
the facts of the present case and she may be granted anticipatory bail.
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Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Deboshree Sardar @ Debashree Sardar, be released on bail upon furnishing a 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 and on further condition
that she shall appear before the court below and pray for regular bail within a fortnight
from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)
