23.08.2017 C.R.M. 7029 of 2017
06 In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 20th July, 2017.
In the matter of : 1. Sovarani Dey, 2. Malabika Mahanto and
3. Biswajit Dey.
Mr. Bikash Ranjan Bhattacharya
Mr. Anindya Sundar Das
Mr. Soumyajit Das Mahapatra
Mr. Sumitra Sarkar
Mr. Subhadip Paramanik
Mr. Mansa Ram Mandal and
Ms. Swarnali Sengupta.
….. For the Petitioners.
Mr. Arijit Ganguly
Mr. Sanjib Kumar Dan.
….. For the State.
Mr. Abhra Mukherjee
Mr. Sauradeep Dutta.
….. For the Defacto complainant.
Apprehending arrest in course of investigation of Nadanghat Police Station FIR
No. 144 of 2017 dated 06.6.2017 under sections 498A/313/506/34 of the Indian Penal
Code, the petitioners have applied for anticipatory bail.
We have heard the learned advocates for the parties and perused the materials in
the case diary, more particularly, the victim’s histopathological report. Having regard to
the nature of allegations under investigation and the level of complicity of the petitioners,
as revealed from the case diary, we are of the 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 the conditions laid down in
sub-section (2) of section 438 of the Code of Criminal Procedure.
(Debi Prosad Dey, J.) (Dipankar Datta, J.)