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Calcutta High CourtCRM/10734/2020partly allowed

Amit Das And And ANR v. State Of West Bengal

2021-01-04Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Subhasis Dasgupta3 pages

08.01.2021 Item no.2 Ct.5 CHC C.R.M. No.10734 of 2020 (Physical Hearing) In Re:- An application for anticipatory bail under section 439 of the Code of Criminal Procedure arising out of Chanditala Police Station Case No. 198 of 2020 dated 11.08.2020 under Sections 498A/303/34 of the Indian Penal Code, 1860 in connectionwith G.R. No.999 of 2020.

And In the matter of:- Amit Das & anr.

... Petitioners Mr. Anindya Halder .. for the petitioners Ms. Sukanya Bhattacharya Md. Kutubuddin ..for the State It is submitted by the learned advocate for the petitioners that for the inadvertent mistake occurred in the operative portion of the order releasing the petitioner no.2. (Bholanath Das) on bail, the bail bond till date goes unfurnished.

Thus according to the petitioners the case having arising from Chanditala Police Station, the bail bond may be furnished at Serampore Court subject to the satisfaction of Learned Additional Chief Judicial Magistrate, Serampore, Hooghly and number of

sureties may be clarified in context with the order dated 04.01.2021 passed in C.R.M.10734 of 2020.

Learned advocate, Mr. Kutubuddin for the State raises no objection in making necessary correction together with clarification, as sought for.

The operative portion of the order releasing petitioner no.2, Bholanath Das be read as follows:- Accordingly, the petitioner no.2, Bholanath Das being the father-in-law of the deceased victim may find bail of Rs.20,000/- (Rupees Twenty Thousand), with two sureties of Rs.20,000/-each, one of whom must be local subject to the satisfaction of Learned Additional Chief Judicial Magistrate, Serampore, Hooghly and on condition, as before, contained in the order dated 04.01.2021 vide C.R.M.10734 of 2020.

We, however, make it clear that other portions of the order shall remain unchanged. The bail order is thus, corrected and clarified.

This order is treated as part of the order dated 04.01.2021. Other portions of the order dated 04.01.2021 shall remain unaltered.

Registry is directed to take necessary steps. (Subhasis Dasgupta, J.) (Subrata Talukdar, J.)