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2010 DIGILAW 833 (CAL)

Rubun Biring Alias Jayatri Jana v. State

2010-07-19

ASHIM KUMAR BANERJEE, RAGHUNATH RAY

body2010
JUDGMENT 1. THE Judgment of the Court was as follows : This is an application under Section 438 of the Code of Criminal Procedure on behalf of the petitioner who apprehends arrest in connection with Digha Police Station Case No. 45 of 2010 dated 20.6.2010 under Sections 498A/323/34 of the Indian Penat Code. 2. WE have heard the submissions of the learned Advocates for the petitioner and the State. WE have perused the materials produced before us in the case diary and we are of the considered view that this is a fit case for admitting the petitioner with an order under Section 438 of the Code of Criminal Procedure. Accordingly, we direct that in the event of arrest the petitioner would be admitted on bail on furnishing of sufficient sureties on the following conditions that : (i) the petitioner would make herself available for interrogation by the Investigating Agency as and when required; (ii) no direct or indirect threat or any inducement would be made to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii) the petitioner must submit to the jurisdiction of the Regular Court within a period of three weeks. 3. IT is abundantly made clear that our order for grant of anticipatory bail must not preclude the learned Magistrate from considering the prayer for regular bail on her surrender, on the material available to him as on that date. 4. THE application for anticipatory bail is, thus, disposed of.