An Application For Anticipatory … vs 1. Bangshi Badan Ghosh @ Jatai … on 7 July, 2017

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Sl No. 767.
07.07.2017

Allowed.

AJ.

C.R.M. 5145 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure presented on 30.05.2017.

And
In the matter of: 1. Bangshi Badan Ghosh @ Jatai Ghosh,

2. Ani Ghosh,

3. Sumitra Ghosh,

4. Sentu Ghosh,

5. Partha Ghosh,

6. Astick Ghosh,

7. Biswanath Ghosh. … petitioners.

Mr. Pratip Kumar Chatterjee. … for the petitioners.

Mr. Saibal Bapuli,
Mr. Arani Bhattachryya. … for the State.

Apprehending arrest in course of investigation of Bharatpur Police Station
F.I.R. No. 167/17 dated 10.05.2017 under Sections 498A/302/34 of the Indian
Penal Code, the petitioners (in-laws of the victim) have applied for anticipatory
bail.

It is submitted by the learned advocate for the petitioners that after 20
years of marital life and having two sons in her wedlock with the husband, the
victim put an end to her life by committing suicide. It is also submitted that the
material allegations are primarily directed against the husband of the victim.

We have heard learned advocates for the parties and perused the materials
in the case diary, more particularly the statement of the victim’s son recorded
under Section 164 of the Code of Criminal Procedure. Having regard to the level
of complicity of the petitioners as revealed from such case diary, we are of the
considered opinion that custodial interrogation of the petitioners is not necessary
for effective and meaningful investigation of the F.I.R. and that they are entitled
to direction as prayed for in this application.

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C.R.M. 5145 of 2017 stands allowed with the direction that in the event of
the petitioners’ arrest, they shall be released on bail upon furnishing bond of
Rs.5,000/- each, with two sureties of like amount each, one of whom must be
local, to the satisfaction of the arresting officer and also 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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