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Judgments of Supreme Court of India and High Courts

Sections … vs In Re on 26 July, 2018

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26.7.2018
32
ALLOWED
md.

CRM No. 5250 of 2018
In Re:- An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 20.07.2018 in connection with Khardah Police
Station Case No. 364/2018 arising out of M.P. Case No. 2371 of 2017 under
Sections 498A/406/323/313/506/34 of the Indian Penal Code. ;

And
In Re:-

Dayabati Shaw and others
… Petitioners

Mr. Amitesh Chakraborty, Advocate

.. for the petitioners

Mr. Imran Ali, Advocate
Mr. Chittaranjan Ghosh, Advocate

.. for the State

The petitioners seek anticipatory bail in connection with Khardah Police

Station Case No. 364/2018 arising out of M.P. Case No. 2371 of 2017 under

Sections 498A/406/323/313/506/34 of the Indian Penal Code.

The petitioners are the close relatives of the husband of the victim. The

petitioners claim that they were not involved in the marital life of the couple.

The State produces the case diary. It does not appear from the

materials on record that the custodial interrogation of the petitioners may

be immediately necessary.

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Accordingly, in the event of arrest, the petitioners will be granted bail

upon furnishing security of Rs.10,000/- (Rupees ten thousand only) each,

with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of

whom must be local, to the satisfaction of the Arresting Officer, subject to

the conditions as laid down in Section 438 (2) of the Code of Criminal

Procedure, 1973. In addition, the petitioners will also report to the

Investigating Officer at such time and place as may be specified by the

concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions as

indicated above.

A certified copy of this order be immediately made available to the

petitioners subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )

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