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1.
8.2018
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Allowed
md.
CRM No. 5440 of 2018
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 30.7.2018 in connection with
Ashokenagar Police Station Case No. 37 of 2018 dated 18.01.2018
under Sections 498A/302 of the Indian Penal Code, 1860.
And
In Re:-
Partha Bhattacharya
… Petitioner
Mr. Kallol Mondal, Advocate
Mr. Krishan Ray, Advocate
Ms. Amrita Chel, Advocate
..for the Petitioner
Mr. Sudip Ghosh, Sr. Govt. Advocate
Mr. Apurba Kr. Datta, Advocate
.. for the State
The petitioner seeks anticipatory bail in connection with
Ashokenagar Police Station Case No. 37 of 2018 dated
18.01.2018 under Sections 498A/302 of the Indian Penal Code,
1860.
The petitioner claims that the petitioner was not involved in
the incident leading to the unnatural death of the petitioner’s
wife, who was married to the petitioner for nearly 17 years.
The State produces the case diary. It is evident that the
death was caused by poisoning. There is a statement attributed
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to the son of the victim where the son says that after an
altercation between his parents, the son and the father went out
of the house and when the son returned about an hour later, he
discovered the body of the mother and the son then fetched his
father.
In the light of what, prima facie, appears to be the extent of
the petitioner’s involvement in the incident, it does not appear
necessary for the petitioner to be taken into custody, though the
petitioner must subject himself to interrogation till the
investigation is completed.
Accordingly, in the event of arrest, the petitioner will be
granted bail upon furnishing a security 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 as
laid down in Section 438 (2) of the Code of Criminal Procedure,
1973. In addition, the petitioner will also report to the
Investigating Officer at such time and place as may be specified
by the concerned police officer.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
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A certified copy of this order be immediately made available
to the petitioner subject to compliance with all requisite
formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. )
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