25.07.2017 C.R.M. 5640 of 2017
In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 16th June, 2017.
In the matter of : 1. Samim Yusuf Haider @ Samim Usuf Hayder,
2. Sahiruddin Ahamed, 3. Safia Bibi,
4. Selina Akter Banu, 5. Rejaul Khandakar
6. Dilwara Aktar Minu 7. Ajijur Raham.
Mr. Ujjal Ray
….. For the Petitioners.
Ms. Ratna Ghosh
…… For the State
Apprehending arrest in course of investigation of Barasat Police Station FIR No.
969 of 2016 dated 21.08.2016 under sections 498A/406 of the Indian Penal Code and
section 4 of the Dowry Prohibition Act, the petitioners (the husband, the parents-in-law,
the sister-in-law and distant relatives of the victim) have applied for anticipatory bail.
Mr. Ray, learned advocate for the petitioners has submitted that the petitioners
have responded to the notice issued under section 41A of the Criminal Procedure Code
(hereafter the Cr.P.C.) by the investigating officer.
Having heard the learned advocates for the parties and on perusal of the materials
in the case diary, more particularly the allegations under investigation and the fact that
the petitioners have responded to the notice issued under section 41A, Cr.P.C., we are of
the considered opinion 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.
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.)