1
10.05.2018
217
sdas
Partly allowed
C.R.M. No. 2230 of 2018
In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 07.05.2018
in connection with Garhbeta Police Station Case No. 16 of 2018 dated 09.01.2018 under
Sections 498A/302/304B/201/506/34 of the Indian Penal Code read with Sections 3 and 4
of the Dowry Prohibition Act.
And
In Re: Sri Kirti Bhusan Patra Ors. . …… petitioners
Mr. D. Aditya,
Mr. Amit Kumar Ghosh
…for the petitioners
Ms. Sreeparna Das
…. for the State
It is submitted by the learned Counsel appearing for the
petitioners that petitioners no. 1 and 2 do not want to proceed with
the application. Accordingly, application for anticipatory bail is
dismissed as not pressed so far as the petitioners no. 1 and 2 are
concerned.
It is further submitted by the learned Counsel appearing for the
petitioners that there are uncontroverted allegations in the charge-
sheet relating to disappearance of the dead body of the victim by the
petitioners no. 3 and 4.
Learned Counsel appearing for the State opposes the prayer for
anticipatory bail.
Having considered the materials in the case diary and bearing in
mind the extent of complicity of the petitioners. No. 3 and 4 in the
alleged crime, we are of the opinion that custodial interrogation of the
petitioners no. 3 and 4 may not necessary in the instant case.
2
Accordingly, we direct that in the event of arrest the petitioners
no. 3 and 4 shall be released on bail upon furnishing a bond of
Rs.10,000/- each, with two sureties of like amount each, to the
satisfaction of the arresting officer and also subject to the conditions
as laid down under Section 438(2) of the Code of Criminal Procedure,
1973.
This application for anticipatory bail is, thus, disposed of.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)