C.R.M. 6573 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.
In the matter of : (1) Puspakanta @ Pushpa Adhikary,
(2) Shobharani Adhikary, (3) Prasenjit Adhikary,
(4) Krittima Adhikary, (5) Dipak Adhikary,
(6) Anita Adhikary, (7) Usha Adhikary
Mr. Tirthankar Dhali
…..For the petitioners
Ms. Kakoli Chatterjee
……For the State
Apprehending arrest in course of investigation of
Sahebganj Police Station F.I.R. No. 14/2017 dated 6th May,
petitioners (in-laws of the victim) have applied for anticipatory
We have heard learned advocates for the parties and
perused the materials in the case diary.
Having regard to the level of complicity of the petitioner
nos. 1, 3, 5 to 7 as revealed from the case diary, we are of the
considered opinion that their custodial interrogation, on facts
and in the circumstances, is necessary for effective and
meaningful progress of investigation of the F.I.R.; hence, they
are not entitled to direction as prayed for in this application.
The prayer for direction made by the petitioners 1, 3, 5 to
7 stands rejected.
We are also of the considered view that custodial
interrogation of the petitioner nos. 2 and 4 is not necessary for
meaningful progress of investigation and that they are entitled
to a direction as prayed for in this application.
It is directed that in the event of arrest of the petitioner
nos. 2 and 4, they shall be released on bail upon furnishing
bond of Rs.5,000/- each, with two sureties of like amount, 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
The application, accordingly stands disposed of.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)