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Judgments of Supreme Court of India and High Courts

Sections 3/4 Of The Dowry … vs In Re: Sajal Laha & Anr on 6 September, 2019

1

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
2

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.)

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