Antulal Oraon v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

28.01.2020 RP/ct 1 C.R.M. 115 of 2020 sl no. 30 Rejected In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 24.01.2020 in connection with Bagdogra P.S. Case No.263 of 2019 dated 25.08.2019 under sections 302/34 of Indian Penal Code.

And In Re : Antulal Oraon .... applicant Mr. Arnab Sengupta Mr. Deborshi Dhar ...... for applicant Mr. Nilay Chakraborty Mr. Saikat Chatterjee .......for State Mr. Sengupta, learned advocate appears on behalf of applicant seeking anticipatory bail in connection with Bagdogra P.S. Case no.263 of 2019 dated 25.08.2019 under sections 302/34 of Indian Penal Code. He submits, his client had dispute with de facto complainant. Case and counter case were lodged. De facto complainant has alleged that when he went to answer notice issued under section 41A in Code of Criminal Procedure, 1973, his client had allegedly caused death of his daughter. He seeks anticipatory bail on any condition imposed. Mr. Chakraborty, learned advocate appears on behalf of State and hands up the case diary drawing attention to, inter alia, postmortem report and report under section 174 of the Code. He submits, applicant is absconding. Custodial interrogation is necessary for purpose of investigation. We reject this application with observation that applicant can surrender and apply for regular bail.

(Arindam Sinha, J.) (Biswajit Basu, J)