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18.04.2017 C.R.M. 2826 of 2017.
OWED
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c
In the matter of : An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 5th April, 2017.
And
In the matter of : 1.Sampad Guhathakurta
2. Bula Guhathakurta.
Petitioners
Mr. Soumyajit Das Mahapatra
….. For the Petitioners
Mr. Saibal Bapuli
Mr. Bibaswan Bhattacharya
…… For the State
Apprehending arrest in course of investigation of Kalyani Police Station FIR
No. 49 of 2017 dated 14.02.2017 under sections 498A/313/307/406/34 of the
Indian Penal Code, the petitioners have applied for anticipatory bail.
We have heard the learned advocates for the parties and perused the
materials in the case diary. It appears that the victim and the petitioner have
been married for the last 12 years but during such time their relationship as
husband-wife is anything but normal. It is also evident from the documents
annexed to this application that they are not in the best of physical condition and
termination of pregnancy could have been the outcome of some physical
disability.
That apart, there is insufficient material in the case diary to suggest direct
involvement of the petitioner no.2 (sister of the petitioner no.1) in the alleged
crime.
We are, thus, of the considered view that custodial interrogation of the
petitioners is not necessary for effective and meaningful investigation of the FIR
and that they are entitled to direction, as prayed for in the application.
CRM 2826 of 2017 stands allowed with the direction that in the event of
arrest, the petitioners viz. Sampad Guhathakurta and Bula Guhathakurta, shall
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be released on bail upon furnishing bond of Rs.5000/- (Rupees five thousand)
each with two sureties of like amount each, one of whom must be local to the
satisfaction of the arresting officer.
Certified copy of this order, if applied for, be given to the parties on priority
basis.
( Dipankar Datta, J.)
(Debi Prosad Dey, J. )
