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91 03.05.2018
AB Court 28
C.R.M. 1634 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Nanoor P.S.
Case No.25 of 2018 dated 1.2.2018 under Sections
498A/302/201 of the Indian Penal Code and Sections 3 /4 of
the Dowry Prohibition Act
And
In the matter of : Sunil Kar Others
…Petitioners.
Mr. Siladitya Sanyal, Sr. Adv,
Mr. S. K. Dan …for the Petitioners.
Mr. Swapan Kr. Banerjee,
Mr. Suman De …for the State.
Learned senior counsel appearing on behalf of the
petitioners submits that the petitioner no.4 has not been
arrayed as an accused in the charge sheet.
Accordingly, the prayer for anticipatory bail in respect of
petitioner no.4 is dismissed as not pressed.
It is further submitted that the incident occurred 14
years after marriage and the petitioner nos.1 to 3 are the in-laws
of the victim housewife and did not play any role in her
matrimonial life.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
Having considered the materials on record and bearing
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in mind the general and omnibus nature of allegations against
the petitioner nos.1 to 3 who are the in-laws of the victim
housewife and the fact that the principal accused, that is the
husband, is in custody, we are of the opinion that custodial
interrogation of the petitioner nos. 1 to 3 may not be necessary
for the purpose of the instant case and they may be granted
anticipatory bail.
Accordingly, we direct that in the event of arrest the
petitioner nos.1 to 3 shall be released on bail upon furnishing
bond of Rs.10,000/-(Rupees Ten Thousand only) each with two
sureties of like amount each to the satisfaction of the arresting
officer and also subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, accordingly,
disposed of.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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