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The Dowry Prohibition Act vs In Re : Samiruddin Mir on 16 March, 2020

1

16.03.2020
75

sdas
allowed

C.R.M. No. 2792 of 2020

In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure
filed on 13.03.2020 in connection with Sabang Police Station Case No. 290 of 2019 dated
09.07.2019 under Sections 498A/302/406/34 of the Indian Penal Code read with Sections 3 and 4 of
the Dowry Prohibition Act.

And
In Re : Samiruddin Mir ……… petitioner

Mr. Jayanta Kumar Das
Ms. Madhumanti Das
…for the petitioner

Mr. Arijit Ganguly
Mr. Avik Ghatak
… for the State

It is submitted by the learned Counsel appearing for the petitioner

that the victim housewife was suffering from ailments and committed

suicide due to depression. He further submits that the incident occurred

16 years after marriage.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail

We have considered the materials on record including the

postmortem report. Cause of death has been stated to be “ante mortem

hanging”. In view of the aforesaid fact and as the incident occurred 16

years after marriage, we are of the opinion whether death of the victim is

homicidal or suicidal may be assessed at the appropriate stage of the

proceeding in accordance with law.

2

In the facts and circumstances of the case, we are inclined to

grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner

shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 and on further condition

that the petitioner shall meet the investigating officer once in a week

until further orders and shall appear before the investigating officer and

hand over his passport, if any, within two weeks from date. In the event

he does not have passport, he shall personally appear before the

investigating officer and furnish affidavit to that effect within the time

frame mentioned hereinabove.

This application for anticipatory bail is, thus, allowed.

(Madhumati Mitra, J.) (Joymalya Bagchi, J.)

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