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06.09.19
Sl. No.63
akd
[ALLOWED]
C. R. M. 8006 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 26.08.2019 in connection with Sarenga Police Station Case No. 33 of
2019 dated 11.07.2019 under Sections 498A/Section306/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act.
And
In Re: Sajal Laha Anr.
… … Petitioners
Mr. Debasis Sur .. Advocate
… … for the petitioners
Mr. S. S. Imam .. Advocate
Mr. S. Kundu .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioners that the petitioner no.2 is the married
sister-in-law of the victim-housewife and petitioner no.1 is her husband. It is further
submitted that they used to reside in a separate residence and did not play any role in the
matrimonial life of the couple.
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 extent of
complicity of the petitioners in the alleged crime, 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) Sajal Laha (2) Mamata Laha, be released on bail upon furnishing a bond of
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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 four weeks
from date.
The application for anticipatory bail is, thus, disposed of.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)