1
S/L No.52
C.R.M. 203 of 2019
11.01.2019
Ct-34
(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
Code.
And
In the matter of: Ram Prasad Sarkar
….petitioner.
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
death.
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
2
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.)
3
