(1) Soumen @ Soumen Dey vs Unknown on 24 August, 2017

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1038/CL
24.08.2017

rrc
(Allowed)
C.R.M. 7081 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.

In the matter of : (1) Soumen @ Soumen Dey
(2) Guriya @ Rohini Dey
… petitioners
Mr. Anirban Dutta
Mr. Sachetan Ghosh
…..For the petitioners

Mr. Saibal Bapuli, Ld. Addl. P.P.

Mr. Bibhaswan Bhattacharyya
……For the State

Apprehending arrest in course of investigation of Airport Police

Station F.I.R. No. 144/17 dated 4th July, 2017 under Sections

498A/306/304B/406/34 of the Indian Penal Code and also

Sections 3 and 4 of the Protection of Women from Domestic Violence

Act, 2005, the petitioners (relatives of the victim) have applied for

anticipatory bail.

We have heard learned advocates for the parties and perused

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

the mother of the victim recorded under Section 164 of the Code of

Criminal Procedure (hereafter the ‘Cr.P.C.’). We are of the considered

opinion that custodial interrogation of the petitioners is not

necessary for taking the investigation to its logical conclusion;

hence, they are entitled to direction, as prayed for in this

application.

The application, thus, stands allowed with the direction that

in the event of arrest, the petitioners shall be released on bail upon
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furnishing bond of Rs.5,000/- each, with two sureties of like

amount each, one of whom must be local, 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 Cr.P.C.

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

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