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Judgments of Supreme Court of India and High Courts

Srihari Koyal & Ors vs Unknown on 5 October, 2018

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M/L No.263
C.R.M. 8071 of 2018
05.10.2018

Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18/09/2018 in
connection with Marishda P.S. Case No. 85 dated 07/06/2018
under Sections 498A/302/34 of the Indian Penal Code read
with Section 4 of the Dowry Prohibition Act.

And

In the matter of: Srihari Koyal Ors.

….petitioners.

Mr. Navanil De
…for the petitioners.

Mr. Sudip Ghosh
Mr. Apurba Kumar Datta
…for the State.

The petitioners seek anticipatory bail in connection with

Marishda P.S. Case No. 85 dated 07/06/2018 under Sections

498A/302/34 of the Indian Penal Code read with Section 4 of the

Dowry Prohibition Act.

The petitioners are the relatives of the husband of the

victim.

The State clarifies the position that the charge-sheet that

has been filed against these petitioners is under Section 498A

read with Section 34 of the Penal Code; while the charge-sheet

filed against the husband includes Section 306 thereof.

In such circumstances, there is no question of taking the

petitioners into custody.

Accordingly, in the event of arrest, the petitioners are

directed to be released on bail upon furnishing a bond 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 laid down in Section 438(2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will
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attend the trial on every day that the matter is fixed and any

default on the part of the petitioner will entitle the trial court to

cancel the bail without reference to this Court.

The petition for anticipatory bail is allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioners, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)
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