AB Court 28
C.R.M. 4287 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Jangipara
P.S. Case No.66 of 2018 dated 7.4.2018 under Sections
498A/304/506/120B/34 of the Indian Penal Code
In the matter of : Subrata Karmakar
Mr. Ujjal Ray …for the Petitioner.
Mr. S.G. Mukherjee, Ld. PP,
Ms. Sreeparna Das…for the State.
It is submitted on behalf of the petitioner that the victim
suffered from various diseases and died due to natural causes.
Learned lawyer appearing for the State opposes the
prayer for anticipatory bail.
We have considered the materials on record and we find
that the victim became pregnant but suffered a miscarriage. She
was hospitalized and subsequently died. No post mortem was
conducted to determine the cause of death.
In view of the aforesaid facts, we are of the opinion
though custodial interrogation of the petitioner may not be
necessary, he requires to cooperate 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/-(Rupees Ten Thousand only) with two sureties of
like amount each to the satisfaction of the arresting officer and
also subject to the conditions as laid down under Section 438(2)
of the Code of Criminal Procedure, 1973 and on further
condition that he shall meet the Investigating Officer of the case
once in a week until further orders.
The application for anticipatory bail is, accordingly,
Urgent Photostat Certified copy of this order, if applied
for, is to be supplied expeditiously after complying with all
necessary legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)