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Chandra Sekhar Patra @ … vs Unknown on 4 July, 2017



Item No.654
SB C.R.M. 4527 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 18.05.2017.

In the matter of :

Chandra Sekhar Patra @ Chandrasekhar Patra
…. petitioner.

Mr. Sekhar Kumar Basu,
Mr. Suman Das Adhikary
…for the petitioner.

Mr. Saswata Gopal Mukherjee,
Mr. Rudradipta Nandy …for the State.

Apprehending arrest in course of investigation of Jhargram

All Women P.S. F.I.R. No. 62/2016 dated 08.12.2016 under

Sections 498A/304B/302/34 of the Indian Penal Code, the

petitioner (elder brother-in-law of the victim) has applied for

anticipatory bail.

It is submitted by Mr. Basu, learned senior advocate

appearing for the petitioner that upon completion of investigation,

police report under Section 173(2) of the Code of Criminal

Procedure (charge-sheet) has already been submitted before the

relevant magistrate.


Mr. Mukherjee, learned Public Prosecutor has placed the

case diary and referring to pages 11-13, 84, 96, 114 and 115

thereof, opposed the prayer.

We have heard learned advocates for the parties and perused

the materials in the case diary. In view of the fact that charge-

sheet has been submitted and on consideration of the level of the

petitioner’s complicity, as revealed from the case diary, we are of

the opinion that personal liberty of the petitioner may not be

curtailed at this stage and that he is entitled to direction, as

prayed for.

Accordingly, C.R.M. 4527 of 2017 stands allowed with the

direction that in the event of arrest, the petitioner shall be released

on bail upon furnishing bond of Rs.5,000/- (Rupees Five

Thousand), with two sureties of like amount each, one of whom

must be local, to the satisfaction of the Court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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