An Application For Bail Under … vs In Re: Prosanta Das on 1 September, 2017

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44.
01.09.2017

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ap C.R.M. 8281 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 22.08.2017 in connection with
Kaliganj Police Station Case No. 114 of 2017 dated 12.04.2017 under
Sections 498A/326/307 of the Indian Penal Code.

And
In re: Prosanta Das. … Petitioner

Mr. Prabir Majumder. …… for the petitioner

Mrs. Amita Gaur. …. for the State

Heard the learned counsel appearing on behalf of the

respective parties. Perused the case diary.

The petitioner is in custody 143 days. Charge-sheet has

already been submitted after due completion of the investigation.

It is submitted by the learned Advocate appearing on behalf of

the petitioner that the victim housewife already submitted a petition

before the learned Court below disclosing that she had been staying

at her in-law’s house after settlement of the disputes.

Let a true copy of the affidavit affirmed by the victim housewife

and filed before the learned Court below be kept on record.

Our attentions have been drawn by the learned Advocate for

the State towards the statement of the victim housewife recorded

under Section 164 of the Code of Criminal Procedure as also the

report of her medical examination.

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After perusal of the aforesaid materials in the case diary as

also the subsequent developments in the matter as stated in

paragraph 8 of this petition that the victim housewife started

residing at her in-law’s house after settlement of the disputes, we are

inclined to grant bail in favour of the petitioner.

Let the petitioner be released on bail upon furnishing a bond of

Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must

be local, to the satisfaction of the learned Chief Judicial Magistrate,

Nadia at Krishnagar.

The application for bail is, thus, disposed of.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J.)

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