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13.07.2017 C.R.M. 5266 of 2017
OWED
2 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. Md. Manjur Alam, 2. Sultana Bibi,
3. Md. Wasim Alam 4. Apsana Khatun.
Petitioners.
Ms. Minati Gomes
Mr. Sariful Islam Mallick.
….. For the Petitioners.
Mr. Soumya Kundu
…… For the State
Apprehending arrest in course of investigation of Taltala Police Station FIR No. 68
of 2017 dated 20.5.2017 under sections 498A/406/34 of the Indian Penal Code and
sections 3/4 of the Dowry Prohibition Act, the petitioners (the parents-in-law, the
husband and the sister-in-law of the victim) have applied for anticipatory bail.
It is submitted on behalf of the petitioners that they have responded to the notice
issued under section 41A of the Code of Criminal Procedure (hereafter Cr.P.C.) by the
investigating officer.
We have heard learned advocates for the parties and perused the materials in the
case diary.
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.)
