CHOPRA POLICE STATION CASE No. 613 of 2023 · Calcutta High Court
Case at a glance
- Decided
- 11 Aug 2023
- Bench
- SOUMEN SEN, UDAY KUMAR
Provisions considered
- Code of Criminal Procedure, 1973 ss. 156(3), 438, 438(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Indian Penal Code, 1860 ss. 34, 302, 304B, 313, 498A
Key paragraphs
- Para 44. Accordingly, we direct that in the event of arrest, the petitioner no. 3, Mampi Singha Barman @ Mampi Singha shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject…
- Para 55. Accordingly, the prayer for anticipatory bail of the petitioner no. 3 is allowed, however, the prayer for anticipatory bail of the petitioner nos. 1 and 2 stand rejected and the application is accordingly disposed of.
Judgment
Mr. Shaharyar Alam Mr. M.A Salik For the Petitioners Mr. Ranadeb Sengupta Ms. Debjani Sahoo Banerjee For the State
Learned counsel for the petitioners submits that the petitioners are innocent. Kheton Singh, the husband of the deceased, was initially arrested but subsequently enlarged on bail.
Learned counsel for the State in opposing the prayer for anticipatory bail has referred to the application filed under Section 156(3) Cr.P.C and the statement of the brother of the deceased.
Considering the materials available in the case diary and the fact that the deceased died within two years of marriage and it appears from the post- mortem that the cause of death is consumption of poison and having regard to the nature and extent of complicity of the petitioner nos. 1 and 2 in the commission of the alleged offence, we are not inclined to grant anticipatory bail to the petitioner no. 1, Khiloswari Singha @ Khiro Singha and the petitioner no. 2, Bikram Singha. However, we are of Signed By : AMITAVA ROY High Court of Calcutta 2 nd of August 2024 12:16:59 PM 2 the view that custodial interrogation of the petitioner no. 3 is not necessary.
Accordingly, we direct that in the event of arrest, the petitioner no. 3, Mampi Singha Barman @ Mampi Singha shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner no. 3 shall cooperate with the investigation till the submission of the final report and on further condition that the petitioner no. 3 shall appear before the learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur, corresponding to G.R Case No. 2405 of 2023 within two weeks from date. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.
Accordingly, the prayer for anticipatory bail of the petitioner no. 3 is allowed, however, the prayer for anticipatory bail of the petitioner nos. 1 and 2 stand rejected and the application is accordingly disposed of.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Soumen Sen, J) (Uday Kumar , J) Signed By : AMITAVA ROY High Court of Calcutta 2 nd of August 2024 12:16:59 PM 3 Signed By : AMITAVA ROY High Court of Calcutta 2 nd of August 2024 12:16:59 PM
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 156(3), 438, 438(2); Bharatiya Nagarik Suraksha Sanhita, 2023; Indian Penal Code, 1860 — ss. 34, 302, 304B, 313, 498A.
Which court decided this case, and when?
Calcutta High Court, on 11 Aug 2023. The bench was SOUMEN SEN, UDAY KUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.