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Gita Kundu vs Unknown on 31 July, 2017



C.R.M. 5802 of 2017

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

In the matter of : 1. Gita Kundu
2. Somnath Kundu
3. Saraswati Kundu
… petitioners
Mr. Subir Debnath
Mr. Deabjit Kundu
…..For the petitioners

Mr. Saibal Bapuli, Ld. Add. P.P.
Mr. Bibhaswan Bhattacharya

……For the State

Apprehending arrest in course of investigation of Santipur

Police Station F.I.R. No. 235/2017 dated 3rd June, 2017 under

Sections 498A/302/34 of the Indian Penal Code, the

petitioners [victim’s mother-in-law, sister-in-law and wife of

brother-in-law (jaa)] have applied for anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary.

Although the F.I.R. has been registered inter alia under

Section 302 of the Code of Criminal Procedure (hereafter the

‘Cr.P.C.’), on consideration of the post mortem report we are

inclined to the view that the victim may have committed



Be that as it may, having regard to the general nature of

allegations levelled by the witnesses under Section 161 of the

Cr.P.C., we are of the considered opinion that custodial

interrogation of the petitioners is not necessary for taking the

investigation to its logical conclusion; hence, they are entitled

to direction as prayed for.

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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