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Esmatara (Khatun) Begum @ Sweety … vs Unknown on 10 April, 2017


Item No.67
SB C.R.M. 2405 of 2017

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 23.03.2017.

In the matter of :

Esmatara (Khatun) Begum @ Sweety Begam,

2. Saida Begam @ Fuchki Begam
…. petitioners.

Mr. Asit Nayek
…for the petitioners.

Mr. Bitasok Banerjee …for the State.

Apprehending arrest in course of investigation of Panchla

P.S. F.I.R. No. 394/2015 dated 05.12.2015 under Sections

498A/304B/306/406/34 of the Indian Penal Code and Sections

3/4 of the Dowry Prohibition Act corresponding to G.R. Case

No.8954 of 2015 pending before the learned Chief Judicial

Magistrate, Howrah, the petitioners (sisters-in-law of the victim)

have applied for anticipatory bail.

It is submitted by Mr. Iqbal, learned advocate appearing for

the petitioners that upon completion of investigation, police report

under Section 173(2) of the Code of Criminal Procedure (charge-

sheet) has already been submitted before the relevant magistrate.

Mr. Banerjee, learned advocate appearing for the State has

produced the case diary.

Having heard learned advocates for the parties and on

perusal of the materials in the case diary, we are of the considered

view that custodial interrogation of the petitioners is not necessary

for effective and meaningful progress of investigation of the F.I.R.

and that they are entitled to direction, as prayed for.

Accordingly, C.R.M. 2405 of 2017 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/- (Rupees Five

Thousand) each, with two sureties of like amount each, one of

whom must be local, to the satisfaction of the Court below.

(Dipankar Datta, J.)

(Debi Prosad Dey, J.)

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