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Under Sections 498A/302 Of The … vs In Re on 1 August, 2018

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8.2018
01
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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