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Judgments of Supreme Court of India and High Courts

Sections 3/4 Of The Dowry … vs In Re: Prabir Mondal & Ors on 24 April, 2019

1

24.04.19

Sl. No.61
akd
[ALLOWED]
C. R. M. 4455 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 23.04.2019 in connection with Shyampur Police Station Case No. 112
of 2019 dated 10.03.2019 under Sections 498A/Section406/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act.

And

In Re: Prabir Mondal Ors.

… … Petitioners

Mr. Tapash Kumar Mondal .. Advocate
… … for the petitioners

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

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they have been falsely implicated

in the instant case and that there is a matrimonial dispute between the petitioner no.1 and

the de-facto complainant.

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

for anticipatory bail.

Having considered the materials on record and bearing in mind the fact that the

allegation of attempting to set the housewife on fire is not supported by documentary

evidence, 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.

2

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

namely (1) Prabir Mondal, (2) Angurbala Mondal, (3) Gobardhan Mondal (4) Chaya

Rani Mondal be released on bail upon furnishing a bond of Rs.10,000/- (Rupees 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 a fortnight from date and petitioner

no.1 shall meet the Investigating Officer once in a week until further orders.

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

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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