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Judgments of Supreme Court of India and High Courts

Tissues Act vs In Re on 3 October, 2018

1

3.10.2018
23

Allowed
md.

CRM No. 7782 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 Farakka Police Station Case No. 38 of 2018 dated
02.02.2018 under Sections 498A/420/120B of the Indian Penal
Code and under Section 3 /4 of Dowry Prohibition Act and under
Section 18/19A/21 of the Transplantation of Human Organs and
Tissues Act, 1994, corresponding to G.R. No. 176 of 2018.

And
In Re:-

Bulu Rani Sarkar @ Bulurani Sarkar
… Petitioner
Mr. Debapriya Samanta, Advocate

..for the Petitioner

Mr. Avishek Sinha, Advocate
.. for the State

The petitioner seeks anticipatory bail in connection with

Farakka Police Station Case No. 38 of 2018 dated 02.02.2018 under

Sections 498A/420/120B of the Indian Penal Code and under Section

3 /4 of Dowry Prohibition Act and under Section 18/19A/21 of the

Transplantation of Human Organs and Tissues Act, 1994

corresponding to G.R. No. 176 of 2018.

The matter pertains to the perceived illegal removal of the

complainant’s kidney in course of an operation to treat appendicitis.

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The State produces the case diary and the apparent consent

form executed by the complainant authorising the removal of her

kidney.

Considering such material, the petitioner, who is the mother-in-

law of the complainant, may be enlarged on anticipatory bail as long as

she cooperates with the investigation.

Accordingly, in the event of arrest, the petitioner will be granted

bail upon furnishing 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.

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.

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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