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Judgments of Supreme Court of India and High Courts

(1) Chandan Sarkar vs Unknown on 9 August, 2017



C.R.M. 6441 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.

In the matter of : (1) Chandan Sarkar, (2) Sukanta Sarkar,
(3) Jagat Sarkar, (4) Lakhi Rani Sarkar,
(5) Sushma Sarkar, (6) Ruma Sarkar
… petitioners
Mr. Rajdeep Majumder
Mr. Moyukh Mukherjee
…..For the petitioners

Mr. Abhra Mukherjee
Mr. Dipankar Mahato
……For the State

Apprehending arrest in course of investigation of

Harishchandrapur Police Station F.I.R. No. 417/17 dated 14th

May, 2017 under Sections 341/325/498A/307/34 of the

Indian Penal Code read with Sections 3/4 of the Dowry

Prohibition Act, the petitioners [brothers-in-law, parents-in-law

and sisters-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 that after 10

years of married life the principal accused and the de-facto

complainant have drifted apart leading to registration of the

F.I.R. On consideration of the materials in the case diary, more

particularly the injury report, we are of the view that custodial

interrogation of the petitioners is not necessary for taking the

investigation to its logical conclusion; hence, 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, 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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