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An Application For Anticipatory … vs 1. Samar Roy on 11 July, 2017


11.07.2017 C.R.M. 4373 of 2017

4 In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 16th May, 2017.

In the matter of : 1. Samar Roy, 2. Sakuntala Roy

3. Ganapati Roy 4. Ratan Roy.


Mr. Tapodip Gupta
Mr. P. S. Mondal
Mr. P. K. Kundu.

….. For the Petitioners.
Mr. Pravas Bhattacharya
Mr. Koushik Majumder.
…… For the State

Apprehending arrest in course of investigation of Suti Police Station FIR No. 227
of 2017 dated 18.4.2017 under sections 498A/304B/34 of the Indian Penal Code, the
petitioners (the father-in-law, the sister-in-law, the uncle-in-law and the brother-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. It reveals therefrom that after four years of married life, the victim committed
suicide. The husband of the victim is in custody. From the statements recorded under
section 161 of the Code of Criminal Procedure, we find that the allegations levelled
against the petitioners are general in nature.

Having regard to the level of complicity of the petitioners as revealed therefrom,
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 Code of Criminal Procedure.

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

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