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Judgments of Supreme Court of India and High Courts

Sections 498A/304B/302/34 Of The … vs In Re: Mir Minar Alam @ Minar Sk. & … on 27 November, 2019

1

27.11.2019
71

sdas
allowed

C.R.M. No. 11076 of 2019

In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on
26.11.2019 in connection with Bharatpur Police Station Case No. 223 of 2019 dated 17.08.2019 under
Sections 498A/Section304B/Section302/Section34 of the Indian Penal Code and Sections 3/Section4 of the Dowry Prohibition Act.

And

In Re: Mir Minar Alam @ Minar Sk. Anr. ….. petitioners

Md. Hafiz Ali
…..for the petitioners

Mr. S. G. Mukherjee, learned P.P.,
Mr. Aniket Mitra
….for the State

It is submitted by the learned Counsel appearing for the petitioners

that they resided in a separate residence from the victim housewife and

are innocent.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

Having considered the materials on record as well as the fact that

the petitioners resided separately from the victim and also considering

the extent of complicity of the petitioners, we are inclined to grant

anticipatory bail to them.

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

shall be released on bail upon furnishing a bond of Rs.10,000/- 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
2

Section438(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 period of four weeks from date.

This application for anticipatory bail is, thus, allowed.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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