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Prabir Kumar Das @ Chhoton Das vs Unknown on 6 March, 2019





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.

… Petitioner.

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

anticipatory bail.

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.)

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