An Application For Anticipatory … vs 1. Chandicharan Debsharma And on 9 August, 2017

1

09.08.2017 C.R.M. 6415 of 2017.

OWED

5 In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 5th July, 2017.

And
In the matter of : 1. Chandicharan Debsharma and

2. Prolay Debsharma.

Petitioners.

Mr. Samiran Mandal
….. For the Petitioners.

Mr. Sudip Ghosh
Mr. Apurba Kumar Dutta.

….. For the State.

Apprehending arrest in course of investigation of Sonamukhi Police Station FIR
No. 33 of 2017 dated 07.5.2017 under
sections 498A/302/304B/34 of the Indian Penal
Code and
sections 3/4 of the Dowry Prohibition Act, the petitioners (the father-in-law
and the brother-in-law of the victim) have applied for anticipatory bail.

Mr. Mandal, learned advocate appearing for the petitioners submits that the
husband of the victim has been granted bail.

We have heard learned advocates for the parties and perused the materials in the
case diary. Considering the dying declaration of the victim, we are of the opinion that
custodial interrogation of the petitioners 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 Cr.P.C.

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(Dipankar Datta, J.)

(Debi Prosad Dey, J. )

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