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An Application For Anticipatory … vs 1. Madhu Devi Golchha @ Magha Devi … on 19 July, 2017


19.07.2017 C.R.M. 5392 of 2017

931 In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 14th June, 2017.

In the matter of : 1. Madhu Devi Golchha @ Magha Devi Golchha

2. Kalpana Golchcha.


Mr. Anirban Banerjee
Ms. Madhushri Dutta Majumder.

….. For the Petitioners.

Mr. Saibal Bapuli
Mr. Aranya Bhattacharya.

…… For the State
Apprehending arrest in course of investigation of Kotwali Police Station FIR No.
260 of 2017 dated 23.4.2017 under sections 498A/304B/313 of the Indian Penal Code,
the petitioners (the mother-in-law, the sister-in-law 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 victim recorded under section 161 of
the Code of Criminal Procedure (hereafter the Cr.P.C.). We find therefrom that the
allegations levelled against the petitioners are general in nature.

Having regard to the nature of allegations under investigation and the level of
complicity of the petitioners, as reflected from the case diary, we are of the considered
opinion that their custodial interrogation is not necessary for effective and meaningful
progress of investigation of the FIR and that they are entitled to direction as prayed for in
the application.

The application, thus, stands allowed with the direction that in the event of
arrest, the petitioners 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 arresting officer and subject to condition as laid down in
sub-section (2) of section 438 of the Cr.P.C.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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