Kiran Goenka vs Unknown on 5 July, 2017

1

05.07.2017
Item No.718
(allowed)
SB C.R.M. 5093 of 2017

In Re:- An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 30.05.2017.

In the matter of :
1.

Kiran Goenka,

2. Amar Goenka @ Amar Nath Goenka
…………….petitioners.

Mr. Sankha Subhra Ray………….for the petitioners.

Mr. Sudip Ghosh,
Mr. Apurba Kr. Dutta……………for the State.

Mr. Arnab Sinha………..for the defacto complainant.

Apprehending arrest in course of investigation of Barrackpore
Women P.S. F.I.R. No. 42/2017 dated 03.05.2017 under Sections
498A/328/406/307/506/34 of the Indian Penal Code and Sections 3/4
of the Dowry Prohibition Act, the petitioners (the victim’s sister-in-law
and her husband) have applied for anticipatory bail.

We have learned advocates for the parties and perused the
materials in the case diary.

The complaint of the victim lady, as appears from the F.I.R., is
primarily directed against her husband and mother-in-law. There is no
specific allegation against the petitioners in the complaint.

It is submitted by Mr. Ray, learned advocate for the petitioners
that they reside at quite a distance from the matrimonial house of the
defacto complainant.

Mr. Ghosh, learned advocate for the State could not bring to our
notice any aggravating circumstances, which would require custodial
interrogation of the petitioners.

Considering the materials available in the case diary, we are of the
view that at this stage, custodial interrogation of the petitioners for
taking the investigation to its logical conclusion is not necessary.

2

Accordingly, C.R.M. 5093 of 2017 stands allowed with the direction
that in the event of arrest of the petitioners, they shall be released on
bail upon furnishing bond of Rs.5,000/- (Rupees Five Thousand), with
two sureties of like amount each, one of whom must be local, to the
satisfaction of the arresting officer and subject to the conditions as laid
down in sub-section (2) of Section 438 of the Code of Criminal
Procedure..

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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