C.R.M. 2487 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 21.2.2019 in connection
with Manikchak P. S. Case No.367 of 2018 dated 15.11.2018
under Sections 498A/304B/34 of the Indian Penal Code.
In the matter of : Prabir Kumar Das @ Chhoton Das
@ Chaton Das.
Mr. Debanjan Mukherjee.
…for the Petitioner.
Mr. Sudip Ghosh,
Mr. Apurba Kumar Datta.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioner that the victim
suffered accidental burns. It is submitted that the petitioner is the
brother-in-law of the victim housewife and has been falsely
implicated in the instant case. It is further submitted that the
victim made an oral dying declaration implicating the petitioner.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail and submits that the victim died due to burn
injuries within two years of marriage.
We have considered the materials on record. We find that the
purported dying declaration is neither reflected in the first
information report nor in the medical papers. On the other hand, it
is recorded that the victim suffered accidental burns.
In view of the aforesaid dichotomy as appearing from the
materials on record and keeping in mind the extent of complicity of
the petitioner as brother-in-law of the victim housewife in the
alleged offence, we are of the opinion that custodial interrogation
of the petitioner is not necessary and he may be granted
Accordingly, we direct that in the event of arrest the
petitioner viz., Prabir Kumar Das @ Chhoton Das @ Chaton Das
shall be released on bail upon furnishing a bond of Rs.10,000/-
with two sureties of like amount each to the satisfaction of the
arresting officer and subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 and on
further condition that the petitioner shall appear before the trial
court and pray for regular bail within a fortnight from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)