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Krishna Kanta Murmu @ … vs Unknown on 17 June, 2019



KC (11)
C.R.M. 4746 of 2019

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

In the matter of : Krishna Kanta Murmu @ Krishnakanta Murmu

Mr. Suman Das Adhikary…………………..For the petitioner.

Ms. Sujata Das………………………………..For the State.

Apprehending arrest in course of investigation of Kharagpur Local
P.S. F.I.R. No. 467/2017 dated 24th September, 2017 under Sections
498A, Section313, Section307, Section494, Section406, Section506 and Section34 of the Indian Penal Code read
with Sections 3 and Section4 of the Dowry Prohibition Act, the petitioner
(victim’s husband) has applied for anticipatory bail.

We have heard learned advocates for the parties and perused the
materials in the case diary including the statement of the victim
recorded under Section 164 of the Code of Criminal Procedure (hereafter
the SectionCr.P.C.). It is mainly directed against her mother-in-law, who has
been released on anticipatory bail. Also we do not find any direct
material to connect the petitioner with the crimes alleged.

That apart, we are informed that upon completion of investigation,
police report (charge-sheet) under Section 173(2) of the Cr. P.C. has
already been submitted before the relevant magistrate.

In that view of the matter, we are of the considered opinion that
that this is a fit and proper case for accepting the petitioner’s prayer for
anticipatory bail.

The application, thus, 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 and subject to the conditions as laid down in sub-section (2) of
Section 438 of the Cr.P.C.



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