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Indian Penal Code vs In Re: Pintu Mahapatra on 27 February, 2019



Sl. No.95
C. R. M. 2336 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 25.02.2019 in connection with Jhargram All Women Police Station
Case No. 05 of 2019 dated 15.01.2019 under Sections 498A/323/307/406/506/34 of the
Indian Penal Code.


In Re: Pintu Mahapatra
… … Petitioner

Mr. Soumyajit Das Mahapatra .. Advocate
… … for the petitioner

Mr. S. S. Imam .. Advocate
Mr. S. Kundu .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that the victim housewife was at her

parental home for a major portion of her matrimonial life and that he has been falsely

implicated in the instant case due to matrimonial discord.

Learned advocate for the State opposes the prayer for anticipatory bail and

submits that the victim-housewife was married to the petitioner for one year only.

Having considered the materials on record and bearing in mind the nature of

allegations and the fact that the victim-housewife had been at her parental home for most

part of her matrimonial life, we are of the opinion though custodial interrogation of the

accused/petitioner may not be necessary in the facts of the present case, he requires to

cooperate with the investigation in accordance with law.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Pintu Mahapatra, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

thousand only), with two sureties of like amount each, to the satisfaction of the arresting

officer and also be subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 and on further condition that he shall meet the

Investigating Officer once in a week until further orders and shall appear before the court

below and pray for regular bail within a fortnight from date.

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

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

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