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4.10.2018
04
Allowed
md.
CRM No. 7736 of 2018
Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 7th September, 2018 in
connection with Banarhat Police Station Case No. 310 of 2013 dated
17.12.2013 (G.R. Case No. 6466 of 2013) under Sections 498A/306 of
the Indian Penal Code.
And
In Re:- Smt. Basanti Roy
… Petitioner
Mr. Suman Sankar Chatterjee, Advocate
Ms. Snigdha Saha, Advocate
Ms. Shrayashi Chowdhury, Advocate
.. for the petitioner
Mr. Saswata Gopal Mukherjee, P.P.
Ms. Sreeparna Das, Advocate
..for the State
The petitioner seeks anticipatory bail in connection with
Banarhat Police Station Case No. 310 of 2013 dated 17.12.2013 (G.R.
Case No. 6466 of 2013) under Sections 498A/306 of the Indian Penal
Code.
The petitioner claims that a false case has been lodged against
the petitioner.
It is further submitted that the husband of the victim has
been enlarged on bail.
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The State produces the case diary and says that the petitioner
has been on the run for nearly five years and has surfaced now that
the charge-sheet has been filed.
However, considering the allegations against the petitioner, it
does not appear necessary for the petitioner to be taken into custody.
The petitioner will, however, meet the Officer-in-Charge of the
Banarhat Police Station twice in course of the next week and
thereafter report to such Officer-in-Charge once a week till the trial is
concluded.
In the event of arrest, the 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.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )
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