Bimal Sarkar vs Unknown on 17 August, 2017


Item No.860
SB C.R.M. 6743 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 13.07.2017

In the matter of :

Bimal Sarkar,

2. Manoti Sarkar @ Malati Sarkar,

3. Mandira Sarkar (Mondal)
…. petitioners.

Mr. Bijoy Bag
…for the petitioners.

Mr. P. K. Datta,
Ms. Santanu Deb Roy …for the State.

Apprehending arrest in course of investigation of Malda P.S.

F.I.R. No. 302 of 2017 dated 01.06.2017 under Sections

498A/304B/34 of the Indian Penal Code read with Sections 3/4 of

the Dowry Prohibition Act, the petitioners (parents-in-law and

married sister-in-law of the victim) have applied for pre-arrest bail.

We have heard learned advocates for the parties and perused

the materials in the case diary, more particularly the statements of

witnesses recorded under Section 161 of the Code of Criminal

Procedure (hereafter the Cr. P.C.) revealing that the allegations

against the petitioners are general in nature. In view of the fact

that the husband of the victim is in custody and on consideration

of the extent of the petitioners’ complicity, as revealed from the

case diary, we are of the considered opinion that their personal

liberty petitioners may not be curtailed at this stage and that they

are entitled to direction, as prayed for.

Accordingly, C.R.M. 6743 of 2017 stands allowed with the

direction that in the event of arrest of the petitioners, they shall be

released on bail upon furnishing bond of Rs.5,000/- (Rupees Five

Thousand), with two sureties of like amount each, one of whom

must be local, to the satisfaction of the arresting officer and

subject to the conditions as laid down in sub-section (2) of Section

438 of the Cr. P.C.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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