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Judgments of Supreme Court of India and High Courts

Under Sections 498A/406/307/376 … vs In Re on 27 July, 2018

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27.7.2018
40

Allowed
md.

CRM No. 5227 of 2018
In Re:- An application for anticipatory bail under section 438 of the
Code of Criminal Procedure filed on 17.07.2018 in connection with
Pandabeswar Police Station Case no. 69 dated 21.06.2016 (arising out
of M.P. case no.264 of 2016), alleging commission of offence punishable
under Sections 498A/406/307/376 of the Indian Penal Code.

And
In Re:-

Vikas Kumar
… Petitioner

Mr. Amajit De, Advocate
Ms. Roshni Singha Roy, Advocate
..for the Petitioner
Mr. Imran Ali, Advocate
Ms. Sutapa Banerjee, Advocate
.. for the State

The petitioner seeks anticipatory bail in connection with

Pandabeswar Police Station Case no. 69 dated 21.06.2016 (arising

out of M.P. case no.264 of 2016), alleging commission of offence

punishable under Sections 498A/406/307/376 of the Indian Penal

Code.

The petitioner claims that the de facto complainant had an

illicit relationship with the petitioner’s brother which culminated in

the birth of a child; whereupon the de facto complainant claimed

that the petitioner-husband and the husband’s brother had tortured

the de facto complainant into submitting to the brother.

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The petitioner says that the brother against whom the charge

under Section 376 of the Penal Code has been made has been

granted anticipatory bail.

The State produces the case diary.

Considering the nature of the complaint and the fact that there

are only vague allegations against the petitioner as to torture, the

petitioner’s custodial interrogation is deemed unnecessary.

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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