An Application For Anticipatory … vs 1. Ramesh Saha on 17 May, 2017

1

17.5.2017 C.R.M. 3675 of 2017
OWED
05
c
In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 27th April, 2017.

And
In the matter of : 1. Ramesh Saha

2. Riya Saha @ Rinki Saha

3. Rima Das @ Rinki Saha

4. Banalata Das.

Petitioners.

Mr. Somnath Adhikary
….. For the Petitioners
Mr. Saswata Gopal Mukherjee
Ms. Ayantika Roy.
….. For the State

Apprehending arrest in course of investigation of Berhampore Police Station FIR
No.1282 of 2016 dated 30.12.2016 under sections 498A/302/34 of the Indian Penal
Code, the petitioners (father-in-law, mother-in-law and married sisters-in-law of the
victim) have applied for anticipatory bail.

We have heard the learned advocates for the parties and perused the materials in
the case diary, more particularly, the statement of the neighbours of the victim recorded
under section 161 of the Code of Criminal Procedure.

Having regard to the extent of complicity of the petitioners as revealed from the
case diary, we are of the considered opinion that their custodial interrogation is not
necessary for effective and meaningful investigation of the FIR and that they are entitled
to direction as prayed for in the application.

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.5000/-
(Rupees five thousand) each with two sureties of like amount each, one of whom must be
local to the satisfaction of the arresting officer and subject to condition as laid down in
sub-section (2) of section 438 of the Code of Criminal Procedure.

READ  Joynab Mirza And Anr.-vs-State And Anr. on 28 September, 2004

( Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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