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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.)