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Under Sections … vs In Re on 30 January, 2019

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30.01.2019
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Allowed
md.

CRM No. 104 of 2019
Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 3rd January, 2019 in connection
with Dankuni Police Station Case No.299 of 2018 dated 16.11.2018
under Sections 498A/323/406/307/34 of the Indian Penal Code.

And
In Re:-

Sukhendu Das and others
… Petitioners
Mr. Souma Bhattacharya
.. for the petitioners
Mr. S.S. Imam,
Mr. R. Jana

.. for the State

The petitioners seek anticipatory bail in connection with Dankuni

Police Station Case No. 299 of 2018 dated 16.11.2018 under Sections

498A/323/406/307/34 of the Indian Penal Code.

The petitioners claim that the complaint was lodged more than 90

days after the alleged incident of assault and after the complainant

received a notice in respect of the proceedings launched by the

petitioning husband for restitution of conjugal rights.

On January 16, 2019, the investigating officer was directed to

accompany the complainant to the matrimonial home to recover the

stridhan articles. A report has been filed from which it appears that

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substantial articles have been recovered, though the seizure list does

not refer to any valuable jewellery.

The petitioners are the husband and the parents of the husband

of the complainant. Considering the nature of the complaint and the

fact that no significant injury was suffered by the complainant in course

of the alleged assault, there is no need to take the petitioners into

custody at this stage.

In the event of arrest, the petitioners will be granted bail upon

furnishing a bond of Rs.10,000/- (Rupees ten thousand only) each

with two sureties of Rs. 5,000/- (Rupees five thousand only) each 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 petitioners will also report to the Investigating Officer

at such time and place as may be specified by the concerned police

officer, till the investigation is completed.

CRM 104 of 2019 is allowed as above.

A certified copy of this order be immediately made available to the

petitioners subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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