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Sections 3 /4 Of The Dowry … vs In Re on 25 July, 2018

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25.7.2018
25
Bail Allowed
md.

CRM No. 5187 of 2018
In Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 23.7.2018 in connection with
Sarsuna Police Station Case No. 64 of 2018 dated 04.6.2018 under
Sections 498A/406/34 of the Indian Penal Code, 1860 read with
sections 3 /4 of the Dowry Prohibition Act ;

And
In Re:-

Manju Rani Paul and others
… Petitioners
Mr. Kallol Mondal, Advocate
Ms. Amrita Chel, Advocate
..for the Petitioners

Ms. Faria Hossain, Advocate
Ms. Baisali Basu, Advocate
.. for the State

The petitioners seek anticipatory bail in connection with

Sarsuna Police Station Case No. 64 of 2018 dated 04.6.2018 under

Sections 498A/406/34 of the Indian Penal Code, 1860 read with

sections 3/4 of the Dowry Prohibition Act.

The petitioners say that the petitioners complied with the notice

issued under Section 41A of the Code and the petitioners subjected

themselves to interrogation by the Investigating Officer.

According to the State, the stridhan articles still remain with the

petitioners and the petitioners would be in a position to threaten the de

facto complainant if they are granted anticipatory bail.

Given the nature of the allegations and the fact that there was a

previous complaint which ended in a compromise, it does not seem

necessary for the petitioners to be detained for custodial interrogation.

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Accordingly, in the event of arrest, the petitioners will be granted bail

upon furnishing security of Rs.10,000/- (Rupees ten thousand only)

each with two sureties of Rs.5,000/- (Rupees five thousand only) each,

one of whom must be local, to the satisfaction of the Investigating

Officer, subject to the conditions as laid down in Section 438 (2) of the

Code of Criminal Procedure, 1973. In addition, the petitioners will also

report to the Investigating Officer at such time and place as may be

specified by the concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions

as indicated above.

A certified copy of this order be immediately made available to the

petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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