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372/CL
13.09.2017
rrc
(Allowed)
C.R.M. 8180 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.
In the matter of : 1. Shyamali Bibi @ Munjila Bibi
2. Saddam Sk.
3. Kadam Sk. @ Dildar Hossain
4. Motihar Sk. @ Motihar
5. Selina Bibi
… petitioners
Mr. Subrata Roy
…..For the petitioners
Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Rudradipta Nandy
……For the State
Apprehending arrest in course of investigation of
Bhagwangola Police Station F.I.R. No. 263 of 2017 dated 3rd
July, 2017 under Sections 498A/304B/306/34 of the Indian
Penal Code, the petitioners [sister-in-law (nanad), brothers-in-
law, father-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. It appears on perusal
of the case diary that after 3½ years of married life, the victim
committed suicide.
The allegations against the petitioners, as appearing from
the statements of the neighbours recorded under Section 161
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Code of Criminal Procedure (hereafter the ‘Cr.P.C.’), are general
in nature.
We are, thus, of the considered view that custodial
interrogation of the petitioners is not necessary for meaningful
progress of investigation of the F.I.R., and that they are entitled
to direction, as prayed for.
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.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.)