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Judgments of Supreme Court of India and High Courts

(1) Puspakanta @ Pushpa Adhikary vs Unknown on 9 August, 2017



C.R.M. 6573 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of : (1) Puspakanta @ Pushpa Adhikary,
(2) Shobharani Adhikary, (3) Prasenjit Adhikary,
(4) Krittima Adhikary, (5) Dipak Adhikary,
(6) Anita Adhikary, (7) Usha Adhikary
… petitioners

Mr. Tirthankar Dhali
…..For the petitioners

Ms. Kakoli Chatterjee
……For the State

Apprehending arrest in course of investigation of

Sahebganj Police Station F.I.R. No. 14/2017 dated 6th May,

2017 under Sections 498A/325/307 of the Indian Penal Code

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

petitioners (in-laws of the victim) have applied for anticipatory


We have heard learned advocates for the parties and

perused the materials in the case diary.

Having regard to the level of complicity of the petitioner

nos. 1, 3, 5 to 7 as revealed from the case diary, we are of the

considered opinion that their custodial interrogation, on facts

and in the circumstances, is necessary for effective and

meaningful progress of investigation of the F.I.R.; hence, they

are not entitled to direction as prayed for in this application.

The prayer for direction made by the petitioners 1, 3, 5 to

7 stands rejected.

We are also of the considered view that custodial

interrogation of the petitioner nos. 2 and 4 is not necessary for

meaningful progress of investigation and that they are entitled

to a direction as prayed for in this application.

It is directed that in the event of arrest of the petitioner

nos. 2 and 4, they shall be released on bail upon furnishing

bond of Rs.5,000/- each, with two sureties of like amount, 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


The application, accordingly stands disposed of.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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