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Judgments of Supreme Court of India and High Courts

Sections 498A/306/34 Of The … vs In Re: Anchar Ali Sk. @ Ansar Ali Sk. … on 8 May, 2018

1

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
2

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.)

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