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08.05.2018
171
sdas
allowed
C.R.M. No. 1972 of 2018
In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 03.05.2018
in connection with Nabadwip Police Station Case No. 404 of 2017 dated 29.09.2017 under
Sections 498A/306/34 of the Indian Penal Code.
And
In Re: Anchar Ali Sk. @ Ansar Ali Sk. Ors. .. …… petitioners
Mr. Kallol Mondal
…for the petitioners
Mr. Avishek Sinha
…. for the State
Learned Counsel appearing for the petitioners submits that the
petitioners are in-laws of the victim housewife who committed suicide
22 years after her marriage.
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail.
Having considered the materials in the case diary and bearing in
mind the general and omnibus nature of allegations and the fact that
statutory presumptions under Sections 113A/113B of the Evidence
Act are not get attracted in the facts of the case as the victim suffered
unnatural death after 22 years of her marriage, we are inclined in
granting anticipatory bail to the petitioners.
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
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arresting officer and also subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973.
This application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)