C.R.M. 4282 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.
In the matter of : (1) Suman Chowdhury, (2) Sulal Chowdhury
@ Sulal (3) Upasana Chowdhury, (4) Susmita
Bag @ Chowdhury, (5) Rakesh Pal Bag,
(6) Kiran Sinha @ Singha, (7) Tripti Sinha
Mr. Robiul Islam
…For the petitioners
Mr. Narayan Prasad Agarwala
Ms. Sujata Das
…..For the State
Apprehending arrest in course of investigation of Berhampore
Police Station F.I.R. No. 531/17 dated 29th April, 2017 under Sections
498A/307/34 of the Indian Penal Code, the petitioners have applied
for anticipatory bail.
Mr. Islam, learned advocate for the petitioners submits that he
has instructions not to press this application for anticipatory bail in
regard to petitioner nos. 2, 4 5 (Sulal Chowdhury @ Sulal, Susmita
Bag @ Chowdhury Rakesh Pal Bag respectively).
Having regard to such submission, the application in regard to
petitioner nos. 2, 4 5 (Sulal Chowdhury @ Sulal, Susmita Bag @
Chowdhury Rakesh Pal Bag, respectively) stands dismissed as ‘not
So far as the petitioner nos. 1, 3, 6 7 (Suman Chowdhury,
Upasana Chowdhury, Kiran Sinha @ Singha Tripti Sinha @
Singha respectively) are concerned, we are of the considered view
having regard to the injury report available at page-29 of the case diary
that custodial interrogation of the said petitioners is not necessary for
meaningful progress of investigation and that they are entitled to a
direction for release on bail, as prayed for.
The application, accordingly, stands disposed of with the
direction that in the event of the arrest of the petitioner nos. 1, 3 6
7, 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 Code of Criminal Procedure.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)