An Application For Anticipatory … vs 1. Srimanta Bhuiya on 13 July, 2017

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13.07.2017 C.R.M. 5247 of 2017
OWED

9 In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 13th June, 2017.

And
In the matter of : 1. Srimanta Bhuiya, 2. Angurbala Bhuiya,

3. Krishna Das 4. Subhas Das.

Petitioners.

Mr. Kallol Mondal
Mr. Anindya Sundar Das
Ms. Sumita Sarkar
Ms. Swarnali Sengupta.

….. For the Petitioners.
Mr. Sourav Chatterjee
Ms. Sayanti Santra.
…… For the State

Apprehending arrest in course of investigation of Bhagwanpur Police Station FIR
No. 135 of 2015 dated 12.7.2015 under sections 498A/302/34 of the Indian Penal Code,
the petitioners (the brother-in-law, the mother-in-law, the sister-in-law and the husband
of the sister-in-law of the victim) have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials in the
case diary. It reveals therefrom that after 11 years of married life, the victim committed
suicide on 12.11.2014. More than 8 months later, the FIR came to be registered.

Having regard to the nature of allegations under investigation and the level of
complicity of the petitioners, as reflected from the case diary, we are of the considered
opinion that their custodial interrogation is not necessary for effective and meaningful
progress of investigation of the FIR and that they are entitled to direction as prayed for in
the application.

The application, thus, stands allowed with the direction that in the event of
arrest, the petitioners shall be released on bail upon furnishing bond of Rs.5000/-
(Rupees five thousand) each with two sureties of like amount each, one of whom must be
local to the satisfaction of the arresting officer and subject to condition as laid down in
sub-section (2) of section 438 of the Code of Criminal Procedure.

(Debi Prosad Dey, J.) (Dipankar Datta, J.)

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