An Application For Anticipatory … vs 1. Smt. Rama Dutta on 5 May, 2017

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Sl No. 80.
05.05.2017

Allowed.

AJ.

C.R.M. 3442 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure presented on 20.04.2017.

And

In the matter of: 1. Smt. Rama Dutta,
2. Sri Rana Dutta. … petitioners.

Mr. Jayanta Narayan Chatterjee,
Ms. Paramita Mukhopadhyay,
Mr. Dwaipayan Biswas,
Mr. Amit Biswas,
Ms. Moumita Pandit,
Ms. Priyanka Ghosh Chowdhury. … for the petitioners.

Mr. Sk. Arif Hossain. … for the State.

Apprehending arrest in course of investigation of Sonarpur Police Station

F.I.R. No. 356/17 dated 28.02.2017 under Sections 498A/406/506/34 of the

Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act, the

petitioners (the mother-in-law and the husband of the complainant) have applied

for anticipatory bail.

We have heard learned advocates for the parties and perused the materials

in the case diary.

It appears that notice under Section 41A, Code of Criminal Procedure

(hereafter the Cr.P.C.) has been complied with by the petitioners. It also appears

that the F.I.R. has been registered after the petitioner no.2 instituted a case for

divorce against the victim.

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In that view of the matter, we are of the considered opinion that custodial

interrogation of the petitioners is not necessary for effective and meaningful

investigation of the F.I.R. and that they are entitled to direction as prayed for in

this application.

C.R.M. 3442 of 2017 stands allowed with the direction that in the event of

the petitioners’ arrest, they 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 Code of Criminal Procedure.

( Dipankar Datta, J.)

( Debi Prosad Dey, J. )

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