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Judgments of Supreme Court of India and High Courts

The Dowry Prohibition Act vs In Re on 19 September, 2018

1

19.09.2018

Item no. 26
Ct. No.34
CHC
Partly Allowed

C.R.M. No.7366 of 2018

In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 07.09.2018 in connection
with Manikchak Police Station Case No. 195 of 2018 dated
23.06.2018 for alleged offence punishable under Sections
498A/326/308/34 of the Indian Penal Code and Sections 3/4 of
the Dowry Prohibition Act.

And
In Re:-

Chaitanya Mondal ors.

… Petitioners

Mr. Amitabha Karmakar, Advocate
Mr. Arup Kumar Bhowmick, Advocate
.. for the petitioners

Mr. Imran Ali, Advocate
Ms. Sutapa Banerjee, Advocate
..for the State

The petitioners seek anticipatory bail in connection with

Manikchak Police Station Case No. 195 of 2018 dated 23.06.2018

for alleged offence punishable under Sections 498A/326/308/34

of the Indian Penal Code and Sections 3/4 of the Dowry

Prohibition Act.

Since the third petitioner has already been arrested, the

petition is only as regards first and second petitioner.

The first petitioner is the husband of the victim and the second

petitioner is the mother-in-law.

2

The State produces the case diary and refers to the serious

nature of the injury and it appears that the victim escaped death

by placing her hand between her head and the sharp cutting

weapon that was used to attack her. Since the victim was in

hospital immediately after the incident, there is no statement of

the victim available in the case record, but the complaint refers to

the husband attacking the victim at the instigation of the mother-

in-law.

The prayer of the first petitioner-husband is rejected. However,

the second petitioner mother-in-law is granted anticipatory bail.

Accordingly, in the event of arrest, the second petitioner will be

granted bail upon furnishing a security of Rs.10,000/- (Rupees ten

thousand only), 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 as

laid down in Section 438 (2) of the Code of Criminal Procedure,

1973. In addition, the second petitioner will also report to the

Investigating Officer at such time and place as may be specified by

the concerned police officer.

The petition for anticipatory bail is allowed subject to the

conditions as indicated above.

3

A certified copy of this order be immediately made available to

the second petitioner subject to compliance with all requisite

formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)

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