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15.01.2020

.

61.
as
(Allowed).

C.R.M. 519 of 2020

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 09.01.2020 in connection
with Phool Bagan P. S. Case No.100 of 2019 dated 10.07.2019
under Sections 313/323/325/ 326/351/
307/406/449/498A/120B/34/506/509/292 of the Indian Penal
Code and Sections 3 / 4 of the Dowry Prohibition Act and Sections
67/67A of Information Technology Act.

In the matter of : Smuriti Ranjan Patra.

… Petitioner.

Mr. Rohan Ojha,
Mr. Sauvik Dere.

…..for the Petitioner.

Mr. Sudip Ghosh,
Mr. Bitasok Banerjee.

…..for the State.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that there is a

matrimonial dispute between the parties and he has been

belatedly implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

We have considered the materials on record. It is alleged that

the victim was subjected to forcible abortion in 2015. FIR was
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lodged in 2019. There is no convincing explanation with regard to

delay in lodging the First Information Report.

In the light of the aforesaid facts and other attendance facts

and circumstances of the case, we are of the opinion though

custodial interrogation of the petitioner is not necessary, he

requires to co-operate with the investigation in accordance with

law.

Accordingly, we direct that in the event of arrest the

petitioner 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 condition that the petitioner shall appear before the

trial court and pray for regular bail within four weeks from date

and on further condition that the petitioner shall meet the

investigating officer once in a week until further orders.

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

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