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Sunil Kar & Others vs Unknown on 3 May, 2018

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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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