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.)