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An Application For Anticipatory … vs Sudhangshu Sarkar on 7 January, 2019

1

A 50 07.01.2019
ss Rejected
C.R.M. 11341 of 2018

In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.12.2018 in connection with Mal
P.S. Case No. 487 of 2010 dated 19.12.2010 under Sections
498A/302/307/304B/109/120B/34 of the Indian Penal Code.

And

In the matter of : Sudhangshu Sarkar
… … petitioner
Mr. Swapan Kumar Mallick,
Ms. Sudeshna Das
… … for the petitioner
Mr. Saswata Gopal Mukherjee, Ld.P.P.,
Mr. Aniket Mitra
… … for the State

The petitioner seeks anticipatory bail in connection with Mal P.S. Case

No. 487 of 2010 dated 19.12.2010 under Sections

498A/302/307/304B/109/120B/34 of the Indian Penal Code.

The State opposes the prayer on the ground that the petitioner has

been on the run for nearly eight years and that the victim was married to

the petitioner for slightly over a month when the incident took place.

The State produces the dying declaration where other relatives of the

petitioner have been named. However, there are two further statements of

nurses recorded under Section 161 of the Code to the effect that in course

of the victim making her dying declaration before the investigating officer,

the victim had also named her husband.
2

Considering the circumstances, the material on record and the fact

that the petitioner has been on the run for nearly eight years, the

petitioner cannot be excused at this stage notwithstanding the charge-

sheet having been filed.

CRM 11341 of 2018 is rejected.

A certified copy of this order be immediately made available to the

petitioner, subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J.)

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