Bharat Chandra Barman v. State Of West Bengal

C.R.M. (A) 5428 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Durgachak Police Station Case No. 93 of 2022 dated 23.08.2022 under Sections 302/34 of the Indian Penal Code.

And In the matter of: Bharat Chandra Barman ....petitioner.

Mr. Suman De ...for the petitioner.

Mr. Madhusudan Sur, Ld. APP Mr. Manoranjan Mahata ...for the State.

Petitioner prays for anticipatory bail.

25.11.2022 Sl.10 Court No.29 (AD) (Allowed) The post-mortem report of the victim does not record any injury apart from a non-continuous ligature mark. It is claimed that the incident occurred due to persons entering into amorous relationship.

Considering the materials in the case diary and the involvement of the petitioner therein and considering the postmortem report of the victim, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a week till the conclusion of the investigation and on condition that the

petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 5428 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)