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20.11.19
Sl. No.56
akd
[ALLOWED]
C. R. M. 10724 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 14.11.2019 in connection with Sabang Police Station Case No. 385 of
2019 dated 02.09.2019 under Sections 498A/Section323/Section307/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act. (G.R. Case No.3130 of 2019)
And
In Re: Samiran Maity Ors.
… … Petitioners
Mr. Malay Bhattacharyya .. Advocate
Mr. Pradip Paul .. Advocate
Mr. Subhrajyoti Ghosh .. Advocate
… … for the petitioners
Mrs. Sonali Das .. 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 owing to a matrimonial dispute.
Learned advocate appearing for the State opposes the prayer for anticipatory
bail and submits that the petitioners had tried to set the victim-housewife on fire.
Having considered the materials on record and bearing in mind the nature of
allegations and as the allegation of setting the victim-housewife on fire is not reflected in
the medical papers although a burnt wearing apparel is seized, we are of the opinion that
in the light of the aforesaid dichotomy 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) Samiran Maity, (2) Baneswar Maity, (3) Sita Maity, (4) Suranjan Maity, (5)
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Srabanti Maity (6) Barnali Nayek, 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 four weeks
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.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
