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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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