19.04.2017 C.R.M. 2866 of 2017.
In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 6th April, 2017.
In the matter of : 1. Gedu Molla
2. Sentu Molla
3. Meheda Bibi
4. Jyotshna Bibi.
Mr. Angshuman Chakraborty
Mr. Amanul Islam.
….. For the Petitioners.
Mr. Prasun Kumar Dutta
Mr. Santanu Deb Roy.
…… For the State
Apprehending arrest in course of investigation of Domkal Police Station FIR No.
1317 of 2016 dated 05.11.2016 under sections 498A/304B/34 of the Indian Penal
Code, the petitioners (in-laws of the victim) have applied for anticipatory bail.
Having heard the learned advocates for the parties and on perusal of the materials
in the case diary, more particularly the dying declaration of the victim at page 25
thereof as well as the statements of other witnesses recorded under section 161 of the
Code of Criminal Procedure, it appears that there is insufficient material in the case
diary to suggest direct involvement of the petitioners 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 2866 of 2017 stands allowed with the direction that in the event of arrest,
the petitioners viz. Gedu Molla, Sentu Molla, Meheda Bibi and Jyotshna Bibi, shall 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
Certified copy of this order, if applied for, be given on priority basis.
( Dipankar Datta, J.)
(Debi Prosad Dey, J. )