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
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.)