Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Biswajit Maji @Majhi on 11 July, 2016
Author: Patherya
Bench: Patherya
1 .92 2016 ed C.R.M. 3730 of 2016 In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.05.2016 in connection with Kolaghat Police Station Case No.192 of 2016 dated 05.04.2016 under Sections 498/420/306/34 of the Indian Penal Code.
And In the matter of: Biswajit Maji @Majhi.
... Petitioner
Mr. Navanil De ... For the Petitioner
Mr. Saibal Bapuli
Mr. Arijit Ganguly ... For the State
Apprehending arrest in connection with Kolaghat Police Station Case No.192 of 2016 dated 17.05.2016 under Sections 498A/420/306/34 of the Indian Penal Code, this application for anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure.
Defence counsel submits that the petitioner is the stepson of the victim. He is in no way involved in the offence alleged. It was a second marriage for the victim lady. She had a daughter by the earlier marriage. She died because of that fact the victim went into depression and committed suicide.
Counsel for the State produces the case diary and the statements recorded under Section 161 at pages 8 to 12 and the post mortem report.
Having considered the submissions of the parties and on scrutiny of the case diary, it appears that the materials therein are sufficient to warrant grant of anticipatory bail to the petitioners.
Accordingly, let the petitioners be released on anticipatory bail, in the event of arrest upon furnishing bond of Rs.5,000/- each with two sureties of Rs.2,500/- each to the satisfaction of the arresting authority subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure.
2In view of the aforesaid, the application is disposed of and the same is allowed.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) (Samapti Chatterjee, J. )