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Arun Manna & Anr vs Unknown on 22 April, 2019





C.R.M. 4387 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 17.4.2019 in connection
with Bagnan P. S. Case No.67 of 2019 dated 19.02.2019 under
Sections 498A/304B/406 of the Indian Penal Code.

In the matter of : Arun Manna Anr.

… Petitioners.

Mr. Abhijit Kr. Adhya.

…for the Petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Aniket Mitra.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioners that the petitioner

no.2, brother-in-law of the victim housewife, is severely ill and his

right leg is partly amputated.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

Having considered the materials on record and bearing in

mind the prima facie involvement of the petitioner no.1, father-in-

law of the victim housewife, in torturing her resulting in her

unnatural death within one year of marriage, we are not inclined

to grant anticipatory bail to the petitioner no.1.

Accordingly, the prayer for anticipatory bail of the petitioner

no.1 is rejected.

However, in view of the extent of complicity of the petitioner

no.2 in the alleged crime and bearing in mind the improbability of

his participation in the crime in view of precarious state of health,

we are inclined to grant anticipatory bail to the petitioner no.2.

Accordingly, we direct that in the event of arrest the

petitioner viz., Priyankar Manna 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 and on further condition that the

petitioner shall appear before the trial court and pray for regular

bail within a fortnight from date.

This application for anticipatory bail is, thus, disposed of.

(Manojit Mandal,J.) (Joymalya Bagchi, J.)

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