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20.12.19
Sl. No.96
akd
[ALLOWED]
C. R. M. 12152 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 19.12.2019 in connection with Kotwali Police Station Case No. 654 of
2019 dated 30.10.2019 under Sections 498A/Section302/Section304B/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act.
And
In Re: Mithu Samanta Ors.
… … Petitioners
Mr. Soumyajit Das Mahapatra .. Advocate
… … for the petitioners
Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that they are in the in-laws of the
victim-housewife and they have been falsely implicated in the instant case.
Learned advocate appearing for the State produces the case diary and opposes
the prayer for anticipatory bail.
Having considered the materials on record including the statement of the victim-
housewife recorded under Section 164 of the Code of Criminal Procedure and the medical
documents which prima facie indicate that the victim-housewife suffered accidental burn
injury, we are of the opinion that custodial interrogation of the accused/petitioners may not
be necessary in the facts of the present case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners,
namely (1) Mithu Samanta, (2) Sambhu Samanta, (3) Budhhadeb Samanta (4)
Bholanath Samanta, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees
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Ten thousand only) each, 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 they shall appear
before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
