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An Application For Anticipatory … vs 1. Nur Kashim Miah on 17 May, 2017


17.5.2017 C.R.M. 3689 of 2017
In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 27th April, 2017.

In the matter of : 1. Nur Kashim Miah

2. Najimuddin Miah

3. Nili Bibi @ Lilima Bibi

4. Nur Mahammad Miah

5. Hachina Bibi

6. Meher Ali Miah

7. Najrul Miah
Mr. Sukdeb Chatterjee
Ms. Manasi Roy.

….. For the Petitioners
Mr. Apurba Kr. Dutta
Mr. Sekhar Burman.
….. For the State

Apprehending arrest in course of investigation of Sitai Police Station FIR No 14 of
2017 dated 11.02.2017 under sections 498A/326/307/34 of the Indian Penal Code, the
petitioners have applied for anticipatory bail.
Rejected We have heard learned advocates for the parties and perused the materials in the
case diary. Having regard to the extent of complicity of the petitioners 1, 2, 3 and 4 as
revealed therefrom, we are of the considered opinion that their custodial interrogation is
necessary for taking the investigation to its logical conclusion and that they are not
entitled to direction as prayed for in the application. The application, thus, at the
instance of the petitioner 1, 2, 3 and 4 stands rejected.
Allowed We are also of the considered view that custodial interrogation of the petitioners 5,
6 and 7 is not necessary for effective and meaningful investigation of the FIR and that
they are entitled to direction, as prayed for in the application.

The application, thus, stands partly allowed with the direction that in the event of
arrest of the petitioners 5, 6 and 7, they 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 the
condition as laid down in sub-section (2) of section 438 of the Code of Criminal

(Debi Prosad Dey, J.) ( Dipankar Datta, J.)

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