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85 24.12.2019
rkd Ct. No.28 C.R.M. 12350 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 23/12/2019 in
connection with Phool Bagan P.S. Case No. 100 of 2019 dated
10/07/2019 under Sections 313 /Section323 /Section325 /Section326 /Section351 /Section307
/Section406 /Section449 /Section498A /Section120B /Section34 /Section506 /Section509 /Section292 of the Indian
Penal Code and under Sections 3/4 of the D.P. Act and under
Section 67/Section67A of the I.T. Act.

And

In the matter of: Rabindra Nath Patra @ Robindra Nath Patra
Anr.

….petitioners.

Mr. R. Ojha,
Mr. S. Dev
…for the petitioners.

Mr. S. Banerjee,
Ms. P. Ghosh
…for the State.

It is submitted on behalf of the petitioners that they are parents

in law of the victim housewife and they have been falsely implicated in

the instant case. It is further submitted that miscarriage occurred in

2015 and the F.I.R. has been belatedly registered in 2019.

Learned counsel appearing on behalf of the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing in mind

the extent of complicity of the petitioners in the alleged crime, we are

inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail

upon furnishing a Bond of Rs. 10,000/- 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 four

weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)