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702/CL
09.08.2017
rrc
(Allowed)
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
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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.)