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Judgments of Supreme Court of India and High Courts

The Indian Penal Code Read With … vs In Re on 30 January, 2019

1

01.2019

b.
CRM No. 342 of 2019
Re:- An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 8th January, 2019 in connection with Bankura
Police Station Case No.312 dated 12.12.2018 under Sections 498A/302/34 of
the Indian Penal Code read with Sections 3 and 4 DP Act.
And
In Re:-
Uttam Mandal
… Petitioner
Mr. Arup Kundu
.. for the petitioner
Mr. Saswata Gopal Mukherjee
Mr. Aniket Mitra
.. for the State

The petitioner seeks anticipatory bail in connection with Bankura Police

Station Case No.312 dated 12.12.2018 under Sections 498A/302/34 of the

Indian Penal Code read with Sections 3 and 4 DP Act.

The petitioner is unrelated to the victim. According to the case made out

against the petitioner, he is supposed to have instigated the husband and the

other in-laws to inflict torture on the victim that culminated in the victim

hanging herself.

Considering the material against the petitioner as evident from the case

diary produced by the State, there may not be any need to take him into custody

at this stage as long as he cooperates with the investigation.

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In the event of arrest, the petitioner will be granted bail upon furnishing a

bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of Rs.5,000/-

(Rupees five thousand only) each 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 petitioner will also report to the investigating

officer at such time and place as may be specified by the concerned police officer,

till the investigation is completed.

.

CRM 342 of 2019 is allowed as above.

A certified copy of this order be immediately made available to the

petitioner subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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