SB C.R.M. 6743 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 13.07.2017
In the matter of :
2. Manoti Sarkar @ Malati Sarkar,
3. Mandira Sarkar (Mondal)
Mr. Bijoy Bag
…for the petitioners.
Mr. P. K. Datta,
Ms. Santanu Deb Roy …for the State.
Apprehending arrest in course of investigation of Malda P.S.
F.I.R. No. 302 of 2017 dated 01.06.2017 under Sections
498A/304B/34 of the Indian Penal Code read with Sections 3/4 of
the Dowry Prohibition Act, the petitioners (parents-in-law and
married sister-in-law of the victim) have applied for pre-arrest bail.
We have heard learned advocates for the parties and perused
the materials in the case diary, more particularly the statements of
witnesses recorded under Section 161 of the Code of Criminal
Procedure (hereafter the Cr. P.C.) revealing that the allegations
against the petitioners are general in nature. In view of the fact
that the husband of the victim is in custody and on consideration
of the extent of the petitioners’ complicity, as revealed from the
case diary, we are of the considered opinion that their personal
liberty petitioners may not be curtailed at this stage and that they
are entitled to direction, as prayed for.
Accordingly, C.R.M. 6743 of 2017 stands allowed with the
direction that in the event of arrest of the petitioners, they shall be
released on bail upon furnishing bond of Rs.5,000/- (Rupees Five
Thousand), 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 as laid down in sub-section (2) of Section
438 of the Cr. P.C.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)