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Calcutta High Court (Appellete Side)

22.12.2017 Under Sections 498A/306 Of ... vs In Re: Gayarani Chatterjee & Anr on 10 May, 2018

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10.05.2018
211

sdas allowed C.R.M. No. 2210 of 2018 In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 07.05.2018 in connection with Salanpur Police Station Case No. 133 of 2017 dated 22.12.2017 under Sections 498A/306 of the Indian Penal Code.

And In Re: Gayarani Chatterjee & Anr. ...... petitioners Mr. Anindya Ghosh ...for the petitioners Ms. Faria Hossain, Mr. Firoz Begg .... for the State It is submitted by the learned Counsel appearing for the petitioners that they have been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the extent of complicity of the petitioners, who are the in- laws of the victim housewife, in the alleged crime and the fact that statutory presumptions under Sections 113A/113B of the Evidence Act are not attributed as the victim suffered unnatural death ten years after her marriage, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners 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 2 arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)