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Judgments of Supreme Court of India and High Courts

CRM/9340/2018 on 22 January, 2019

1

428.
22-01-2019

allowed
debajyoti
CRM No.9340 of 2018

In re : Raju Ghosh
….. Petitioner.

Mr. Krishnendu Bhattacharya,
Ms. Somsuvra Mukherjee
….. 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 Uluberia
Police Station Case No.632 of 2018 dated 28-08-2018 under
Sections 498A/302/304B/34 of the Indian Penal Code and
Sections 3/4 of the D.P. Act.

The State opposes the prayer on the ground that the
petitioner is the husband of the victim and the ill-treatment of
the victim at the matrimonial home resulted in the victim
apparently committing suicide within four years of her
marriage.

The post-mortem report reveals no signs of injury and
the death appears to have been upon the victim consuming
poison. The post-mortem report is consistent with suicide by
poisoning.

2

Despite the material against the petitioner as to ill-
treatment, since the petitioner may not have been involved in
the incident which led to the unnatural death of the victim,
the petitioner need not 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 a bond 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 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.

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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