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Faizar Rahaman @ Fayar Ali vs Unknown on 18 April, 2017



C.R.M. 2802 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure affirmed on 04.04.2017.

In the matter of : 1. Faizar Rahaman @ Fayar Ali

2. Abu Bakkar Siddiki

3. Anarul Haque Hossain

4. Amina Bibi @ Amena Bibi

5. Joynal Hossain
… petitioners

Mr. Deep Chaim Kabir
Mr. Arnab Saha
…..For the petitioners

Mr. S. G. Mukherjee, Ld. P.P.

Mr. Rudradipta Nandy
…..For the State

The petitioners presented this application on 5th

April, 2017 seeking a direction that in the event of their

arrest in course of investigation of Dinhata Police Station

F.I.R. No. 73 of 2017 dated 22nd January, 2017 under

Sections 498A/304(B) of the Indian Penal Code, 1860 read

with Sections 3/4 of the Dowry Prohibition Act, 1961, they

may be released on bail.

We have heard learned advocates for the parties and

perused the materials in the case diary, more particularly,

the statement of the victim recorded under Section 161 of

the Code of Criminal Procedure (hereafter the Cr.P.C.)

available at pages 35 and 36 thereof. We are of the opinion

that custodial interrogation of the petitioners is not

necessary for effective and meaningful progress of

investigation of the F.I.R.; hence, they are entitled to

direction as prayed for in this application.

C.R.M. 2802 of 2017 stands allowed with the

direction that in the event of the petitioners’ arrest, they

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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