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[Cites 7, Cited by 0]

Calcutta High Court (Appellete Side)

Rabin Bera vs Unknown on 9 July, 2020

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

1 0 6 C.R.M. 4869 of 2020 with CRAN 3072 of 2020 (Via Video Conference) In re: An application for bail under Section 438 of the Code of Criminal Procedure in connection with Arambag P.S Case No. 189 of 2020 dated 19.05.2020 under Sections 498A/302/202/304B/34 of the Indian Penal Code.

And In the matter of: Rabin Bera ...Petitioner.

           Mr. Amit Dey           ... For the Petitioner

           Mr. Prasun Kumar Datta
           Mr. Nirupam Dhali      ... For the State



The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the Court. In this regard, the petitioner has filed an application bearing CRAN 3072 of 2020, which is treated as on the day's list. The petition is taken up through video conference on the basis of such undertaking.

The application being CRAN 3072 of 2020 is thus disposed of.

The petitioner claims to be the stepson of the victim and says that he had no role to play in the unnatural death of the victim.

The State relies on the statement of the daughter of the victim recorded under Section 164 of the Code. In such statement, the daughter has referred to the present petitioner and the father being involved in assaulting the mother. The victim died due to the injuries suffered by her.

Considering the materials available against the petitioner, his custodial interrogation cannot be excused at this stage.

CRM 4869 of 2020 is thus dismissed.

2

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)