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Sk. Mamin Ali @ Sk. Momin Ali vs The State Of West Bengal on 4 January, 2019


Serial No.31.

January 4, 2019.

CRM 11262 of 2018

In Re. An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.

In the matter of:

Sk. Mamin Ali @ Sk. Momin Ali


The State of West Bengal

Mr Suman De
… for the petitioner.

Ms Sonali Bhar
… for the State.

The petitioner seeks anticipatory bail in connection with
Panskura Police Station Case No.129 of 2018 dated March 19, 2018
under Sections 498A/323/307/34 of the Indian Penal Code read
with Section 4 of the Dowry Prohibition Act.

The petitioner is a relative of the husband of the de facto
complainant. The husband has obtained bail and it appears that
the de facto complainant consented to the husband’s bail.

The State says that the charge against the present petitioner is
that he induced the husband of the de facto complainant to hang
the de facto complainant, before the de facto complainant could


Considering the material against the petitioner and the nature
of the incident, there is no need to take the petitioner into custody
at this stage.

Accordingly, in the event of arrest, the petitioner is directed to
be released on bail upon furnishing bonds of Rs.10,000/- (Rupees
Ten Thousand Only) 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 laid
down in Section 438(2) of the Code of Criminal Procedure, 1973.
In addition, the petitioner will also report to the investigating officer
at such time and place as may be specified by the concerned police
officer, till the investigation is completed.

The petition for anticipatory bail is allowed on the conditions
indicated above.

A certified copy of this order be immediately made available to
the petitioner, subject to compliance with all requisite formalities.

( Sanjib Banerjee, J. )

( Suvra Ghosh, J. )

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