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04.07.2017
Item No.654
(Allowed)
SB C.R.M. 4527 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18.05.2017.
In the matter of :
Chandra Sekhar Patra @ Chandrasekhar Patra
…. petitioner.
Mr. Sekhar Kumar Basu,
Mr. Suman Das Adhikary
…for the petitioner.
Mr. Saswata Gopal Mukherjee,
Mr. Rudradipta Nandy …for the State.
Apprehending arrest in course of investigation of Jhargram
All Women P.S. F.I.R. No. 62/2016 dated 08.12.2016 under
Sections 498A/304B/302/34 of the Indian Penal Code, the
petitioner (elder brother-in-law of the victim) has applied for
anticipatory bail.
It is submitted by Mr. Basu, learned senior advocate
appearing for the petitioner that upon completion of investigation,
police report under Section 173(2) of the Code of Criminal
Procedure (charge-sheet) has already been submitted before the
relevant magistrate.
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Mr. Mukherjee, learned Public Prosecutor has placed the
case diary and referring to pages 11-13, 84, 96, 114 and 115
thereof, opposed the prayer.
We have heard learned advocates for the parties and perused
the materials in the case diary. In view of the fact that charge-
sheet has been submitted and on consideration of the level of the
petitioner’s complicity, as revealed from the case diary, we are of
the opinion that personal liberty of the petitioner may not be
curtailed at this stage and that he is entitled to direction, as
prayed for.
Accordingly, C.R.M. 4527 of 2017 stands allowed with the
direction that in the event of arrest, the petitioner shall be released
on bail upon furnishing bond of Rs.5,000/- (Rupees Five
Thousand), with two sureties of like amount each, one of whom
must be local, to the satisfaction of the Court below.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)