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Dipak Sarkar vs Unknown on 25 July, 2017



C.R.M. 5602 of 2017

In Re:- An application for bail under Section 438 of the Code of
Criminal Procedure, 1973.

In the matter of : 1. Dipak Sarkar

2. Milan Sarkar

3. Alpana Ghosh

4. Nirmal Ghosh

5. Pinaki Ghosh
… petitioners

Mr. Rajdeep Majumder
Mr. Karan Sharma
Ms. Shyanti Poddar
…..For the petitioners

Mr. Swapan Banerjee
Ms. Sima Biswas
……For the State

Apprehending arrest in course of investigation of

Alipurduar Police Station F.I.R. No. 291/17 dated 1st June,

2017 under Sections 498A/497/325/307 of the Indian Penal

Code read with Sections 3/4 of the Dowry Prohibition Act, the

petitioners (victim’s husband, mother-in-law, sister-in-law,

husband of the said sister-in-law and their daughter) have

applied for anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary, more particularly, the

statement of the victim girl recorded under Section 164 of the

Code of Criminal Procedure. We are of the considered opinion

having regard to the level of complicity of the petitioner, as

revealed from such diary, that their personal liberty may not

be curtailed and that they are entitled to direction as prayed


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.5,000/- each, with two

sureties of like amount each, one of whom must be local, to

the satisfaction of the arresting officer and also subject to the

conditions as laid down in sub-section (2) of Section 438 of the

Code of Criminal Procedure.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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