Item no. 2
C.R.M. No.7553 of 2019
In Re:- An application for anticipatory bail under section 438 of
the Code of Criminal Procedure filed on 16.08.2019 in connection
with Bhatar Police Station Case No. 273 dated 23.06.2019 for
alleged offence punishable under Sections 498A/326/307/34 of
the Indian Penal Code and Sections 3/ 4 of Dowry Prohibition Act
and subsequently added Section 304B of the Indian Penal Code.
In the matter of:-
Dole Sahaji @ Almas Ali Sha anr.
Mr. Saryati Datta,
Mr. Somnath Mukhopadhyay
.. for the petitioners
Mr. Saswata Gopal Mukherjee, Ld. P.P.
Mr. Sudip Ghosh,
Mr. Apurba Datta
..for the State
This application has been moved by the petitioners
apprehending arrest in connection with Bhatar Police Station Case
No. 273 dated 23.06.2019 for alleged offence punishable under
Sections 498A/326/307/34 of the Indian Penal Code and Sections
3/ 4 of Dowry Prohibition Act and subsequently added Section
304B of the Indian Penal Code.
On perusal of the Case Diary and after hearing the learned
counsel for the parties, we do not find any incriminating materials
against the father-in-law, the petitioner no.1. Dying declaration at
page 28 of the Case Diary also does not show any complicity
against the Father-in-law. We do not find that custodial
interrogation of the father-in-law is at all necessary for
investigation in this case.
We do not, however, find similar situation for the mother-in-
law, that is, the petitioner no.2 and consequently, we are inclined
to reject the prayer for anticipatory bail of mother-in-law.
Accordingly, we direct that in the event of arrest, the petitioner
no.1 (father-in-law) shall be released on bail upon furnishing a
bond of Rs.10,000/- (Rupees ten thousand only) with two sureties
of like amount, one of whom must be local to the satisfaction of
Arresting Officer and subject to the conditions as laid down in
Section 438 (2) of the Code of Criminal Procedure, 1973, with
further conditions that the petitioner no.1 shall ensure his
presence before the regular Court and obtain bail within fortnight
from date. C.R.M. No.7553 of 2019 stands disposed of.
The petition for anticipatory bail is allowed subject to the
conditions as indicated above.
A certified copy of this order be immediately made available to
the petitioner subject to compliance of all requisite formalities.
(Sahidullah Munshi, J.)
(Subhasis Dasgupta, J.)