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With Sections 3/4 Of The Dowry … vs In Re: Jyotsneara Begam & Anr on 13 November, 2019

1

13.11.19

Sl. No.8
akd
[PARTLY
ALLOWED]
C. R. M. 8822 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17.09.2019 in connection with Banshihari Police Station Case No. 147
of 2019 dated 11.09.2019 under Sections 498A/Section307/Section34 of the Indian Penal Code read
with Sections 3/Section4 of the Dowry Prohibition Act. (G.R. Case No.733 of 2019)

And

In Re: Jyotsneara Begam Anr.

… … Petitioners

Mr. Bitasok Banerjee .. Advocate
… … for the petitioners

Ms. Sutapa Banerjee .. Advocate
… … for the State

Pursuant to our earlier direction, Investigating Officer is personally present

before this court. His presence is noted and dispensed with.

Having considered the materials on record including the statement of the victim-

housewife recorded under Section 164 of the Code of Criminal Procedure disclosing

prima facie involvement of the petitioner no.1 in assaulting her and attempting to throttle

her which is supported by medical records, we are of the opinion that this is not a fit case

to grant anticipatory bail to her.

Accordingly, the prayer for anticipatory bail of the accused/petitioner no.1

namely, (1) Jyotsneara Begam is rejected.

However, in view of the extent of complicity of the petitioner no.2 i.e. the uncle-

in-law of the victim-housewife in the alleged crime, we are of the opinion that custodial
2

interrogation of the petitioner no.2 is not necessary in the facts of the present case and he

may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner no.2

namely (2) Golam Raisul, be released on bail upon furnishing bond of Rs.10,000/-

(Rupees Ten thousand only), 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 he shall

appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

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

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