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Subrata Karmakar vs Unknown on 28 June, 2018

1

89 28.06.2018
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

And

In the matter of : Subrata Karmakar

…Petitioner.

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.

2

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,

allowed.

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.)

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