An Application For Anticipatory … vs 1. Saruni Bibi on 7 September, 2017

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7.9.2017 C.R.M. 7749 of 2017
y Allowed
75
c
In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 8th August, 2017.

And
In the matter of : 1. Saruni Bibi, 2. Raja Seikh, 3.Khokan Bibi,

4. Murad Sk @ Muraj Sk. 5. Khiru Bibi @ Khareja
Khatun.

Petitioners
Mr. Pratip Kumar Chatterjee
….. For the Petitioners
Mr. Swapan Banerjee
Ms. Purnima Ghosh. ….. For the State

Apprehending arrest in course of investigation of Kandi Police Station FIR
No 339 of 2017 dated 01.5.2017 under sections 498A/304B/34 of the Indian
Penal Code, the petitioners (in-laws 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 minor
daughter of the victim recorded under section 164 of he Code of Criminal
Procedure (hereafter the Cr.P.C.). Having regard to the nature of allegations
under investigation and the level of complicity of the petitioners 1 and 5, as
revealed therefrom, we are of the considered view that they do not deserve any
order as prayed for in the application notwithstanding the fact that that on
completion of investigation, police report under section 173(2) of the Cr.P.C.
(charge-sheet) has been submitted before the relevant magistrate. The application
at the instance of the petitioners 1 and 5, thus, stands rejected.

However, at the same time, we do not find sufficient material in the case
diary to connect the petitioners 2, 3 and 4 with the alleged offence. On
consideration thereof, we are of the view that personal liberty of the petitioners 2,
3 and 4 may not be curtailed at this stage.

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The application, thus, stands partly allowed with the direction that in the
event of arrest of the petitioners 2, 3 and 4, they 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 court
below.

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

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