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Ram Prasad Sarkar vs Unknown on 11 January, 2019


S/L No.52
C.R.M. 203 of 2019

(AD) In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/01/2019 in
connection with Alipurduar P.S. Case No. 354/2017 dated
04/07/2017 under Sections 498A/306 of the Indian Penal


In the matter of: Ram Prasad Sarkar

Mr. Arijit Ghosh

…for the petitioner.

Mr. Suvimal Nag

…for the State.

The petitioner seeks anticipatory bail in connection with

Alipurduar P.S. Case No. 354/2017 dated 04/07/2017 under

Sections 498A/306 of the Indian Penal Code.

The petitioner is the husband of the victim who apparently

committed suicide within two years of her marriage.

The State produces the case diary and refers to the post-

mortem report. The post-mortem report, even though not

conclusive as to the cause of death, is consistent with suicidal


Considering such material, it does not appear that the

petitioner was involved in the incident which led to the unnatural

death of the victim. Though the State relies on some of the

statements of the neighbours as witnesses complaining of the ill-

treatment of the wife, such material does not directly link the

petitioner to the death of the victim.

In the circumstances, the petitioner is entitled to

anticipatory bail.

Accordingly, in the event of arrest, the petitioner is

directed to be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand only), with two sureties of

Rs.5,000/- (Rupees Five Thousand only) each, one of whom must

be local, to the satisfaction of the Arresting Officer, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973. In addition, the petitioner will report to the

Investigating Officer at such time and place as may be specified

by the concerned police officer, till the investigation is completed.

The petition for anticipatory bail is allowed on the

conditions indicated above.

A certified copy of this order be immediately made

available to the petitioner, subject to compliance with all

requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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