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Viku Sk & Ors vs Unknown on 5 October, 2018

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M/L No.260
05.10.2018

C.R.M. 8068 of 2018
Ct-34
(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18/09/2018 in
connection with Raghunathganj P.S. Case No. 78/18 dated
02/03/2018 under Sections 498A/304B/34 of the Indian Penal
Code.

And

In the matter of: Viku Sk Ors.

….petitioners.

Mr. Kusal Kumar Mukherjee
…for the petitioners.

Mr. Rana Mukherji
Ms. Debjani Sahu

…for the State.

The petitioners seek anticipatory bail in connection with

Raghunathganj P.S. Case No. 78/18 dated 02/03/2018 under

Sections 498A/304B/34 of the Indian Penal Code.

The petitioners are some of the relatives of the husband of

the victim who was burnt to death within five years of her

marriage.

The husband was arrested but has now been enlarged on

bail.

The State refers to the case diary and the statements of

some of the neighbours. There appear to be consistent

statements of torture being inflicted on the victim by her in-laws.

However, there does not appear to be any eye-witness to

the incident which culminated in the death of the victim.

Considering the material against the petitioners and the

extent of these petitioners’ involvement in the incident that led to

the death of the victim, there does not appear to be any need to

take the petitioners into custody.

Accordingly, in the event of arrest, the petitioners are

directed to be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties
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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 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.

The petition for anticipatory bail is allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioners, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Abhijit Gangopadhyay, J.)
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