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498A/328/302/34 Of The Indian … vs In Re: Partha Saha on 6 January, 2020




C.R.M. No. 71 of 2020

In Re.: An application under Section 438 of the Code of Criminal
Procedure filed on 03.01.2020 in connection with Kandi Police
Station Case No. 427 of 2019 dated 24.09.2019 under Sections
498A/328/302/34 of the Indian Penal Code.

In Re: Partha Saha ……… petitioner

Mr. Navanil De
Mr. Rajeshwar Chakraborty
Ms. Natasa Asad
…for the petitioner

Mr. Madhu Sudan Sur, learned A.P.P.,
Mr. Manoranjan Mahata
… for the State

It is submitted by the learned Counsel appearing for the petitioner

that the incident occurred eight years after marriage.

Learned Counsel appearing for the State opposes the prayer for

anticipatory bail and submits that the petitioner had administered a

tablet to the deceased after she was feeling unwell.

We have considered the materials on record. There is nothing on

record to show why the deceased was feeling unwell when the petitioner

allegedly administered a tablet to her.

In the backdrop of the aforesaid facts and circumstances of the

case it is a matter to be decided at the appropriate stage of the

proceeding whether the petitioner had administered poison to the victim

or not. Under such circumstances, we consider it prudent to grant

anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner

shall be released on bail upon furnishing a bond of Rs.10,000/-, with

two sureties of like amount each, to the satisfaction of the arresting

officer and also subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 on further condition

that the petitioner shall meet the investigating officer once in a week

until further orders and shall appear before the court below and pray

for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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