C.R.M. 3726 of 2018
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 12.06.2018 in connection
with Kumarganj P. S. Case No.12 of 2018 dated 27.01.2018 under
Sections 498A/304B/34 of the Indian Penal Code.
In the matter of : Ananda Sarkar.
Mr. Biswajit Manna.
…for the Petitioner.
Mr. Rana Mukherjee,
Mr. Arijit Ganguly.
…..for the State.
Heard the learned Counsels appearing on behalf of the
It is submitted on behalf of the petitioner that he is a
neighbour of the matrimonial house of the victim housewife and is
no way connected with the matrimonial life of the victim.
Learned advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the petitioner had subjected
the victim to torture as would be evident from the statement of
Rabi Sarkar recorded under Section 164 of the Code of Criminal
We have considered the materials on record. We have noted
the statements of various witnesses including that of the Sankar
Sarkar and Gosta Paramanik recorded under Section 164 of the
Code of Criminal Procedure. They do not corroborate the
statement of Rabi Sarkar with regard to the allegation of torture by
the petitioner on the victim. Keeping in mind the extent of
complicity of the petitioner in the alleged crime and in view of the
fact that the principal accused persons are on bail, we are inclined
to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the
petitioner, namely, Ananda Sarkar 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 subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973.
This application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)