An Application For Anticipatory … vs Unknown on 29 August, 2017

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29.08.2017 C.R.M. 7264 of 2017
ALLOWED

137 In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 26th July, 2017.

Sc And
In the matter of : 1. Shankar Roy, 2. Basanti Roy, 3. Apu Roy and

4. Pratima Roy.

Petitioners.

Mr. Rabishankar Chattopadhyay
Ms. Priyanka Tewari.

….. For the Petitioners.
Mr. Prasun Kumar Dutta
Mr. Nirupam Dhali.
….. For the State.

Apprehending arrest in course of investigation of Dhupguri Police Station FIR No.
198 of 2017 dated 18.6.2017 under sections 498A/306 of the Indian Penal Code, the
petitioners [parents-in-law, brother-in-law and sister-in-law (jaa) 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 statements of neighbours recorded under section 161
of the Code of Criminal Procedure. It appears from the post mortem report that the
victim consumed poison and committed suicide. It is also revealed that the husband of
the victim is in custody.

Having regard to the nature of allegations under investigation and the level of
complicity of the petitioners, as revealed from the case diary, we are of the view 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 Code of Criminal Procedure.

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

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