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Calcutta High CourtCRM/9306/2020allowed

Tanmay Murmu @ Tanmoy Murmu v. State Of West Bengal

2020-11-20Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

20.11.2020.

73.

as (Allowed).

C.R.M. 9306 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haridevpur P.S. Case No.400 of 2020 dated 26.08.2020 under Sections 498A/306/34 of the Indian Penal Court. In the matter of : Tanmay Murmu @ Tanmoy Murmu. ... Petitioners.

Mr. Koustav Bagchi.

...for the Petitioners.

Mr. Bidyut Kr. Roy, Ms. Rita Datta.

.....for the State.

Heard the learned Advocates appearing for the parties. Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the victim committed suicide out of depression and as the incident occurred 12 years after marriage and statutory presumption under Section 113A of the Evidence Act is not attracted, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner, viz., Tanmay Murmu @ Tanmoy Murmu shall be released on bail upon furnishing a bond of Rs.10,000/-, 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.

This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)