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Judgments of Supreme Court of India and High Courts

CRM/9219/2018 on 4 January, 2019

1

494.
04-01-2019

allowed
debajyoti
CRM No.9219 of 2018

In re : Sanjay Bag @ Sanjoy Bag
….. Petitioner.

Mr. Kallol Mondal,
Mr. Krishan Ray,
Ms. Amrita Chel
….. For the Petitioner.

Mr. Rudradipta Nandy
….. For the State.

The petitioner seeks anticipatory bail under Section 438
of the Code of Criminal Procedure in connection with Ghatal
Police Station Case No.78 of 2018 dated 17-04-2018 under
Sections 498A/323/302/304B of the Indian Penal Code read
with Sections 3/4 of the Dowry Prohibition Act.

The petitioner’s wife died in January, 2016. According
to the petitioner, the wife felt a chest pain and died on the
way to the hospital or immediately upon reaching the
hospital.

A post-mortem examination was conducted where the
reason for the death was not indicated, but it was observed
that there were no marks of any external injury.

According to the petitioner, some two years after the
death of his wife, the wife’s parents brought a petition of
complaint under Section 156(3) of the Code causing an
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investigation to be started into the perceived role of the
petitioner in the alleged unnatural death of his wife.

The State refers to the statement of a girl who would
come to the victim for private tuition. The State also refers to
the statement of the petitioner’s daughter, now aged about
seven, recorded under Section 164 of the Code. Both the
statements refer to an incident on the morning of the relevant
day; but there are other features that may call for greater
scrutiny.

Considering the entire material against the petitioner,
including the statements, there does not appear to be any
need for the petitioner to be taken into custody as long as he
cooperates with the investigation.

Accordingly, in the event of arrest, the petitioner will be
granted bail upon furnishing security of Rs.10,000/- (Rupees
Ten Thousand only) 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, subject to the conditions
as laid down in Section 438(2) of the Code of Criminal
Procedure, 1973.

In addition, the petitioner will also report to the
Investigating Officer at such time and place as may be
specified by the concerned police officer, till the investigation
is completed.

The petition for anticipatory bail is allowed subject to the
conditions as indicated above.

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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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