Anticipatory Bail

Criminal Procedure Code, 1973 — Section 438 — anticipatory bail — whether the appellant who is elder brother of husband of the deceased has made out a case for anticipatory bail? — deceased allegedly committed suicide after one year and eight months of marriage and further she was pregnant at the time of her death — definite allegation against appellant — he was not available for interrogation and investigation and declared as “absconder” — held a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code is not entitled the relief of anticipatory bail — held in the light of the conditions prescribed in Section 438 of the Code and conduct of the appellant immediately after the incident as well as after the interim protection granted by this Court in not caring to visit the police station or Investigating Officer, anticipatory bail rejected — appeal dismissed.

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