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Under Sections 498A/306 Of The … vs In Re: Kalpana Biswas & Anr on 8 February, 2019




C.R.M. No. 1584 of 2019

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on
05.02.2019 in connection with Pandua Police Station Case No. 639 of 2018 dated 04.12.2018
under Sections 498A/306 of the Indian Penal Code.

In Re: Kalpana Biswas Anr. . …. petitioners

Mr. Kuntal Banerjee
…for the petitioners

Mr. Tapan Deb Nandi,
Mrs. Manasi Roy
…. for the State

It is submitted by the learned Counsel appearing for the

petitioners that the victim committed suicide 11 years after marriage.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

Having considered the materials on record and bearing in mind

the fact that the incident occurred 11 years after marriage and

statutory presumption under Section 113A of the Evidence Act is not

attracted to the case, we are inclined to grant anticipatory bail to the


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.

This application for anticipatory bail is, thus, allowed.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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