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29.07.2019

Sl No.82
AP
CRM 6648 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 25.07.2019 in connection with Nadanghat Police
Station Case No. 122 of 2019 dated 01.05.2019 under Sections 498A/Section302 of
the Indian Penal Code and Section 3/4 of the D.P. Act.

And

In Re: Laxmi Sarkar @ Laxmi Rani Sarkar Ors.

… … Petitioners.

Ms. Sonali Das
… for the petitioners.

Mr. Bidyut Kr. Roy,
Ms. Rita Datta
… … for the State.

It is submitted on behalf of the petitioners that the victim committed

suicide 10 years after marriage and the principal accused i.e. the husband of the

victim has been granted regular bail.

Learned counsel appearing on behalf of the State opposes the prayer for

anticipatory bail.

Having considered the materials in the case diary and bearing in mind the

general and omnibus nature of allegations and as the victim committed suicide

(as would appear from the post mortem report) 10 years after marriage and since

the statutory presumption under Section 113A of the Evidence Act is not

attracted in the facts of the case, we are inclined to grant anticipatory bail to the

petitioners.

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Accordingly, we direct that in the event of arrest, the petitioners be

released on bail upon furnishing a 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 be subject to the conditions as laid down under Section

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

petitioners shall appear before the court below and pray for regular bail within a

period of four weeks from date.

The application for anticipatory bail is, thus, disposed of.

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