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Under Sections 498A/302/34 Of The … vs In Re: Parimal Sarkar & Ors on 28 February, 2019

1

28.02.2019
64

sdas
allowed

C. R. M. No. 2268 of 2019

In Re.: An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 22.02.2019 in connection with
Gangarampur Police Station Case No. 238 of 2018 dated 10.10.2018
under Sections 498A/302/34 of the Indian Penal Code.

And
In Re: Parimal Sarkar Ors. …….. petitioners

Mr. Navanil De,
Mr. Mazahar Hossain Chowdhury
…for the petitioners

Mr. Rana Mukherjee, learned A.P.P.,
Ms. Sukanya Bhattacharyya
…. for the State

At the outset, it is argued on behalf of the State that proclamation

and attachment have been issued against the petitioners. We have

considered the materials on record. We find that the statutory pre-

requisites for issuance of the aforesaid processes have not been

complied with and therefore the petitioners cannot be non-suited on the

strength of such illegal processes.

It is submitted by the learned Counsel appearing for the

petitioners that they are in-laws of the victim housewife and have been

falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

2

We have considered the materials on record including the

statement of the victim recorded under Section 164 of the Code of

Criminal Procedure. Keeping in mind the materials on record and in

view of the extent of complicity of the petitioners in the alleged crime,

we are inclined to grant anticipatory bail to them.

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

shall be released on bail upon furnishing a bond of Rs.10,000/- 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

further condition that they shall appear before the court below and pray

for regular bail within a period of fortnight from date..

Accordingly application for anticipatory bail is allowed.

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

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