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1038/CL
24.08.2017
rrc
(Allowed)
C.R.M. 7081 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure, 1973.
In the matter of : (1) Soumen @ Soumen Dey
(2) Guriya @ Rohini Dey
… petitioners
Mr. Anirban Dutta
Mr. Sachetan Ghosh
…..For the petitioners
Mr. Saibal Bapuli, Ld. Addl. P.P.
Mr. Bibhaswan Bhattacharyya
……For the State
Apprehending arrest in course of investigation of Airport Police
Station F.I.R. No. 144/17 dated 4th July, 2017 under Sections
498A/306/304B/406/34 of the Indian Penal Code and also
Sections 3 and 4 of the Protection of Women from Domestic Violence
Act, 2005, the petitioners (relatives of the victim) have applied for
anticipatory bail.
We have heard learned advocates for the parties and perused
the materials in the case diary, more particularly the statement of
the mother of the victim recorded under Section 164 of the Code of
Criminal Procedure (hereafter the ‘Cr.P.C.’). We are of the considered
opinion 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 in this
application.
The application, thus, stands allowed with the direction that
in the event of arrest, the petitioners shall be released on bail upon
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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 Cr.P.C.
(Debi Prosad Dey, J.) (Dipankar Datta, J.)