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Sections 498A/306/34 Of The … vs In Re: Ainul Molla on 16 April, 2019




C.R.M. No. 4081 of 2019

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 10.04.2019
in connection with Gangarampur Police Station Case No. 98 of 2017 dated 11.03.2017 under
Sections 498A/306/34 of the Indian Penal Code.

In Re: Ainul Molla ……… petitioner

Mr. Mazahar Hossain Chowdhury
…for the petitioner
Mr. S. S. Imam,
Mr. S. Kundu
…. for the State

Having considered the materials on record and bearing in mind

the extent of complicity of the petitioner, brother-in-law of the victim

housewife, who committed suicide 10 years after marriage and as the

statutory presumption under Section 113A of the Evidence Act is not

attracted in the facts of the case, we are of the opinion that the

petitioner may be granted anticipatory bail.

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

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

Section 438(2) of the Code of Criminal Procedure, 1973 and on further

condition that he shall appear before the court below and pray for

regular bail within a period of fortnight from date.

This application for anticipatory bail is, thus, allowed.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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