Sl No. 80.
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.
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
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.
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
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. )