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The Indian Penal Code vs In Re:- Smt. Basanti Roy on 4 October, 2018

1

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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2

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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