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Samir Sk. @ Sk. Samir vs Unknown on 26 July, 2017

1

1099/CL
26.07.2017

rrc
(Allowed)
C.R.M. 5689 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.

In the matter of : 1. Samir Sk. @ Sk. Samir

2. Toslima Bibi @ Monka Bibi

3. Sekh Kalo @ Siraj

4. Fenshi Bibi
s
… petitioners
Mr. Sanjib Kumar Dan
…..For the petitioners

Mr. Saibal Bapuli, Ld. Addl. P.P.
Mr. Arani Bhattacharyya
……For the State

Apprehending arrest in course of investigation of Bolpur

Police Station F.I.R. No. 149 of 2017 dated 23rd May, 2017

under Sections 498A/304B/34 of the Indian Penal Code, the

petitioners (parents-in-law, brother-in-law and sister-in-law of

the victim) have applied for anticipatory bail.

Learned advocate for the petitioners submits that the

petitioner no. 1 has already been arrested. On his prayer, the

application in regard to petitioner no. 1 stands dismissed as

‘infructuous’.

We have heard learned advocates for the parties and

perused the materials in the case diary. Having regard to the

level of complicity of the petitioners 2 to 4, we are of the

opinion that custodial interrogation of the said petitioners is
2

not necessary for effective and meaningful progress of

investigation of the F.I.R.; 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 2 to 4 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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