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With Sections 3/4 Of The Dowry … vs In Re : Sakir Ali & Ors on 27 November, 2019

1

27.11.2019
76

sdas
Partly allowed

C.R.M. 11083 of 2019

In Re.: An application under Section 438 of the Code of Criminal Procedure
filed on 26.11.2019 in connection with Raiganj Women Police Station Case
No. 77 of 2019 dated 27.05.2019 under Sections 498A/Section307/Section34 of the
Indian Penal Code added Sections 302/Section304B of the Indian Penal Code read
with Sections 3/Section4 of the Dowry Prohibition Act.

And
In Re : Sakir Ali Ors. ….. petitioners

Mr. Kaushik Choudhury
… for the petitioners

Mr. Pinak Mita
… for the State

Liberty is granted to the learned Counsel appearing for the

petitioners to correct the cause title.

It is submitted by the learned Counsel appearing for the petitioners

that they have been falsely implicated in the instant case and the husband

is presently in custody.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail.

Having considered the materials on record including dying

declaration of the victim recorded at page no. 5 of the case diary wherefrom

it appears that petitioner no. 1 i.e. father-in-law of the victim housewife had
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quarrels with the victim housewife immediately prior to her unnatural

death. In view of the aforesaid facts and the prima facie involvement of

petitioner no. 1 in the alleged offence, we are of the opinion that custodial

interrogation of petitioner no. 1 is necessary and this is not a fit case in

granting anticipatory bail to him.

The application for anticipatory bail in so far as petitioner no. 1

concerned is, thus, rejected.

However, keeping in mind the extent of complicity of the petitioners

no. 2 to 4 in the alleged crime, we are inclined to grant anticipatory bail to

them.

Accordingly, we direct that in the event of arrest the petitioners no. 2

to 4 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 and on further condition

that they shall appear before the court below and pray for regular bail

within a period of four weeks from date.

Accordingly application for anticipatory bail is allowed so far as

petitioners no. 2 to 4 are concerned.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
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