An Application For Anticipatory … vs 1. Ramchandra Pal And 2. Manju Pal on 24 August, 2017

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24.08.2017 C.R.M. 6971 of 2017
ALLOWED

7 In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 20th July, 2017.

And
In the matter of : 1. Ramchandra Pal and 2. Manju Pal.

Petitioners.

Mr. Bitasok Banerjee
Mr. Abdus Salam.

….. For the Petitioners.
Mr. Pravas Bhattacharya
Mr. Aritradeb Mondal.
….. For the State.

Apprehending arrest in connection with investigation of Rampurhat Police Station
FIR No. 203 of 2017 dated 01.7.2017 under section 498A/302/304B/34 of the Indian
Penal Code and sections 3/4 of the Dowry Prohibition Act, the petitioners (the parents-
in-law of the victim) have applied for anticipatory bail.

We have heard the learned advocates for the parties and perused the materials in
the case diary. It appears that after three years of married life the victim committed
suicide. Her deadbody was retrieved after breaking open a locked door. Ingredient of
offence punishable under section 304B of the Indian Penal Code is absent. Having
regard thereto as well as the nature of allegations under investigation and the level of
complicity of the petitioner, as revealed from the case diary, we are of the 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 the conditions laid down in
sub-section (2) of section 438 of the Code of Criminal Procedure.

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