Allowed

Rama Pramanik v. State of West Bengal

Calcutta HC27 Aug 2021CRM/2009/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 CrPC regarding an alleged suicide death involving Sections 498A/304B/34 IPC, the Court held that custodial interrogation was not necessary. The application was allowed with a bond and sureties, conditioned on adherence to Section 438(2) CrPC requirements.

What did the court decide?

The petitioner was granted anticipatory bail on a bond of Rs. 10,000 with two sureties of like amount, one local, subject to conditions under Section 438(2) CrPC.

Rama Pramanik Vs State of West Bengal — Matrimonial and Divorce | Calcutta HC (2021)

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29. 27.08.2021 Ct.32 Tanmoy Allowed

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C.R.M. 2009 of 2021

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In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22/02/2021 in connection with Dhantala Police Station Case No. 418/2020 dated 16/10/2020 under Sections 498A/304B/34 of the Indian Penal Code. And In the matter of: - Rama Pramanik ….petitioner. Mr. Prabir Majumder …for the petitioner. Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan …for the State.

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The petitioner is the mother-in-law of the victim lady. She says that the victim committed suicide by hanging herself. She has no role to play in the death of the victim. The husband of the victim was granted bail by this Court by an order dated August 5, 2021 passed in C.R.M. 2010 of 2021.

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Learned Counsel for the State produces the Case Diary. We have seen the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure. The statements are general and omnibus in nature. Charge-sheet has already been filed.

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On an overall consideration of the facts and circumstances of the case and the material in the Case Diary, we are of the view that immediate custodial interrogation of the petitioner may not be necessary so long as she is willing to cooperate with further investigation, if any.

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Accordingly, in the event of arrest, the petitioner 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, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

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The application being C.R.M. 2009 of 2021 is, accordingly, disposed of.

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All parties shall act in terms of server copy of this order downloaded from the official website of this Court.

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(Bivas Pattanayak, J.) (Arijit Banerjee, J.)

Rama Pramanik v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Rama Pramanik v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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