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09.08.2017
Item No.731
(Allowed)
SB C.R.M. 6446 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05.07.2017
In the matter of :
1.
Lalu @ Lal Mohan Bangal,
2. Shibani Bangal,
3. Ruma Bangal
…. petitioners.
Mr. Shiladitya Sanyal,
Mr. Malay Bhattacahryya
…for the petitioners.
Mr. Joydeep Biswas …for the State.
Apprehending arrest in course of investigation of Bishnupur
P.S. F.I.R. No. 58/2017 dated 27.03.2017 under Sections
498A/304B/34 of the Indian Penal Code and Sections 3/4 of the
Dowry Prohibition Act, the petitioners (father-in-law, mother-in-
law and sister-in-law of the victim) have applied for pre-arrest bail.
It is submitted by Mr. Sanyal, 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;
hence, custodial interrogation of the petitioners is not necessary.
We have heard learned advocates for the parties and perused
the materials in the case diary, more particularly the post-mortem
report of the victim at page 29 thereof. In view of the fact that
charge-sheet has been submitted and on consideration of the
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extent of the petitioners’ complicity, as revealed from the case
diary, we are of the considered opinion that personal liberty of the
petitioners may not be curtailed at this stage and that they are
entitled to direction, as prayed for.
Accordingly, C.R.M. 6446 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.)