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Calcutta High CourtCRM (A)/3406/2023allowed

Uttam Kumar Patra @ Uttam Patra And ORS v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

29.08.2023 D/L 32 Ct. No.29 (Allowed) (SKB) CRM (A) 3406 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tamluk P. S. Case No.554/2023 dated 24.06.2023 under Sections 498A/302/34 of the Indian Penal Code.

And In the matter of : Uttam Kumar Patra @ Uttam Patra and others ... Petitioners Mr. Suman De, Mr. Abhinaba Mukherjee ... for the petitioners Mr. Saswata Gopal Mukerji, ld. PP Mr. Aniket Mitra, Ms. Jonaki Saha ... for the State

1. Heard learned Counsel for the parties.

2. So far as burn injury of the deceased is concerned, there is statement of 5 years old daughter of the deceased who has specifically implicated her father and her paternal grandmother.

3. So far as the present petitioners are concerned, there are some omnibus allegations regarding the demand of additional dowry by the neighbours.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on

bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioners are directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

7. The application being CRM(A) 3406 of 2023 is disposed of.

8. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)