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18.04.2017
rrc
(Allowed)
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
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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.)