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26.06.2019
tkm/ct 28 C.R.M. 4963 of 2019
sl no. 61
In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 13.6.2019 in connection with
Burdwan Women P.S case no. 71 of 2019 dated 8.3.2019 under
Sectionsections 498A/Section304B/Section34 of the IPC
And
Allowed
In Re : Tumpa Paswan Anr. …… petitioners
Mr. Uday Sankar Chattopadhyay
Ms. Snigdha Saha
Ms. P. Saha
…… for the petitioners
Mr. Swapan Banerjee
Ms. Purnima Ghosh
…… for the State
Heard the learned advocates appearing for the respective
parties.
It is submitted on behalf of the petitioners that they are the
in-laws of the victim housewife and they have been falsely
implicated in the instant case.
Learned lawyer for the State opposes the prayer for
anticipatory bail.
We have considered materials on record including the
dying statement of the victim recorded in the medical papers at
page 39 of the case diary implicating petitioner no. 2. Hence, his
prayer for anticipatory bail is rejected.
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However, keeping in mind the extent of complicity of
petitioner no. 1 in the alleged crime, we are inclined to grant
anticipatory bail to her.
Accordingly, we direct that in the event of arrest, the
petitioner no. 1 shall be released on bail upon furnishing a bond
of Rs. 10,000/- 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 Sectionsection 438(2) of the Code of
Criminal Procedure, 1973 and shall appear before the court
below and pray for regular bail within a fortnight from date.
The application being CRM 4963 of 2019 is disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)