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Judgments of Supreme Court of India and High Courts

Manmahan Majumdar & Ors vs Unknown on 6 March, 2019

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147 06.03.2019

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

And

In the matter of : Manmahan Majumdar Ors.

…Petitioners.

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

anticipatory bail.

Accordingly, we direct that in the event of arrest the
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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,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

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

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