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Sujay Hembram vs Unknown on 14 March, 2019

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113 14.03.2019

AB Court 28 C.R.M. 3056 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Pandua P.S.
Case No.39 of 2019 dated 10.2.2019 under Sections 498A/494
325/354B/34 of the Indian Penal Code

And

In the matter of : Sujay Hembram
…Petitioner.

Mr. Dinabandhu Choudhury,
Mr. Sabir Ahmed,
Mr. Amal Kr. Saha,
Mr. Iresh Pal,
Mr. Abdur Rakib …for the Petitioner.

Mr. Biswajit Deb,
Mr. Sudip Kumar …for the State.

It is submitted on behalf of the petitioner that there was

no valid marriage between him and the victim housewife.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing

in mind the nature of allegations in the light of the aforesaid

submission made on behalf of the petitioner and as the

allegation of physical assault is attributed to the father-in-law

and mother-in-law of the victim, we are of the opinion that

custodial interrogation of the petitioner may not be necessary

and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the
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petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-(Rupees Ten Thousand only) with two sureties of

like amount each to the satisfaction of the arresting officer and

also be subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further

condition that he shall appear before the court below and pray

for regular bail within a fortnight from date.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

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

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