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Judgments of Supreme Court of India and High Courts

Of 2019 Dated 30.01.2019 Under … vs In Re: Mathura Majumdar & Anr on 18 March, 2019



Sl. No.95
C. R. M. 3106 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 13.03.2019 in connection with Nakashipara Police Station Case No. 44
of 2019 dated 30.01.2019 under Sections 498A/304B/34 of the Indian Penal Code.


In Re: Mathura Majumdar Anr.

… … Petitioners

Mr. Debashis Banerjee .. Advocate
Mr. Amit Biswas .. Advocate
Mr. Supreem Naskar .. Advocate
… … for the petitioners

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Aniket Mitra .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that the victim died due to natural


Learned advocate for the State produces the case diary and opposes the prayer

for anticipatory bail.

We have considered the materials on record including the post-mortem report.

There is no external injury on the victim. No abnormal smell could be detected from the

contents of the stomach of the victim. Opinion with regard to the cause of death has been

kept pending. In view of the aforesaid findings, we are of the opinion that it may be

decided in the course of trial whether the victim had suffered unnatural death or not.

Under such circumstances and keeping in mind the general and omnibus nature of

allegations, we are of the opinion that custodial interrogation of the accused/petitioners

may not be necessary in the facts of the present case and they may be granted

anticipatory bail.

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

namely (1) Mathura Majumdar (2) Khitish Majumdar, 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, thus, disposed of.

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

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