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.)