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Sk. Mosibur @ Masibar Sk. & Anr vs Unknown on 2 April, 2019

1

02.04.2019

.

71.
as
(Partly
Allowed).

C.R.M. 3687 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 28.03.2019 in connection
with Dantan P. S. Case No.359 of 2018 dated 20.06.2018 under
Sections 498A/325/307/376/511/506/406/34 of the Indian
Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

In the matter of : Sk. Mosibur @ Masibar Sk. Anr.

… Petitioners.

Mr. Pravas Bhattacharyya.

…for the Petitioner.

Mr. Arijit Ganguly,
Mr. Sanjib Kr. Dan.

…..for the State.

Heard the learned Advocates appearing for the parties.

We have considered the materials on record disclosing prima

facie involvement of the petitioner No.2, elder brother-in-law of the

victim housewife in outraging her modesty and subsequently

assaulting her, we are not inclined to grant anticipatory bail to

petitioner No.2.

The prayer for anticipatory bail of the petitioner no.2 is

rejected.

2

However, keeping in mind the extent of complicity of the

petitioner no.1, husband of the victim housewife, in the alleged

crime, we are inclined to grant anticipatory bail to him.

Accordingly, we direct that in the event of arrest the

petitioner viz., Sk. Mosibur @ Masibar Sk. 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 subject

to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on further condition that the

petitioner shall meet the investigating officer once in a week until

further orders and shall appear before the trial court and pray for

regular bail within a fortnight from date.

This application for anticipatory bail is, thus, disposed of.

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

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