AB Court 28 C.R.M. 2600 of 2019
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Nakashipara
P.S. Case No.44 of 2019 dated 30.1.2019 under Sections 498A
304B/34 of the Indian Penal Code
In the matter of : Manmahan Majumdar Ors.
Mr. Debasish Banerjee,
Mr. Supreme Naskar …for the Petitioners.
Mr. Rana Mukherjee,
Ms. Sukanya Bhattacharya…for the State.
It is submitted on behalf of the petitioners that the
victim suffered a natural death and it is further submitted that
they are the in-laws of the victim housewife.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
We have considered the materials on record including
the post mortem report which indicates an enlarged heart.
Cause of death of the victim has been kept reserved.
In view of the aforesaid facts and circumstances of the
case, we are of the opinion that custodial interrogation of the
petitioners is not necessary and they may be granted
Accordingly, we direct that in the event of arrest the
petitioners shall be released on bail upon furnishing a bond of
Rs.10,000/-(Rupees Ten Thousand only) each 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 they shall appear before the court below and pray
for regular bail within a fortnight from date.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Manojit Mandal, J.) (Joymalya Bagchi, J.)