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An Application For Anticipatory … vs Jahar Santra & Ors on 27 August, 2019

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23 27.08.2019
ss Partly Allowed
C.R.M. 7662 of 2019

In the matter of : An application for anticipatory bail under Sectionsection 438 of
the Code of Criminal Procedure filed on 21.08.2019 in connection with
Jagatballavpur P.S. Case No. 124 of 2019 dated 08.05.2019 under Sectionsections
498A/Section302/Section34 of the Indian Penal Code.

And

In the matter of : Jahar Santra Ors.

Mr. Kallol Mondal,
Mr. Krishan Ray,
Ms. Amrita Chel,
Mr. Souvik Das
… … for the petitioners
Mr. Aniket Mitra
… … for the State

Liberty is granted for necessary correction in the cause-title of the

petition.

It is submitted by the learned advocate for the petitioners that the

petitioners have been falsely implicated in this case without doing any act

attributable to them made out in the instant complaint.

Learned advocate appearing on behalf of the State raises objection

against the prayer for anticipatory bail relying upon the statement of the

witnesses, including the deceased victim’s son, recorded under Sectionsection

161, Section164 Cr.P.C. together with the P.M. report.
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Admittedly, the victim suffered death receiving 80 per cent burn

injuries on her person. The mother-in-law is submitted to be now enjoying

bail.

Upon consideration of the materials already collected in the case diary

and also regard being had to the extent of the complicity as revealed from

the statement of the son of the deceased, we are inclined to grant

anticipatory bail to the petitioner nos. 1 and 3, who are the father-in-law

and brother-in-law of the deceased.

Accordingly, the prayer for anticipatory bail as regards the petitioner

nos. 1 and 3 are allowed.

We, therefore, direct that in the event of arrest the petitioner nos. 1

and 3 shall be released on bail upon furnishing a bond of Rs. 10,000/-

(Rupees ten thousand only) each with two sureties of Rs. 5,000/- (Rupees

five thousand only) each, one of whom must be local, to the satisfaction of

the arresting officer and subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure, 1973.

The prayer for anticipatory bail as against the petitioner no. 2 thus

stands refused.

The application for anticipatory bail being CRM 7662 of 2019 is

disposed of.

(Subhasis Dasgupta, J.) (Sahidullah Munshi, J.)
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