1
02.05.2017
Item No.70
(partly allowed)
SB C.R.M. 3310 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.04.2017
And
In the matter of :
1.
Siddhartha Biswas,
2. Manju Rani Biswas,
3. Tanushree @ Tula Biswas,
4. Shyamal @ Khokan Biswas
……petitioners
Mr. Santanu Maji …for the petitioners.
Mr. S. S. Imam,
Mr. S. Kundu …for the State.
Apprehending arrest in course of investigation of Chapra P.S.
FIR No. 58/2017 dated 20.02.2017 under Sections 498A/307/34
of the Indian Penal Code, the petitioners have presented this
application for a direction that in the event of such arrest, they
may be released on bail.
Having heard learned advocates for the parties and on
perusal of the materials in the case diary, we are of the considered
view that complicity of the petitioner no.1 cannot be ruled out and
that he is not entitled to any relief. The application for
anticipatory bail at his instance is, thus, rejected.
2
Since there is no material in the case diary against the
petitioners 2, 3 and 4 to suggest their involvement in the alleged
offences, we are also of the considered view that curtailment of
their personal liberty for facing custodial interrogation may not be
necessary, at this stage. It is, accordingly, directed that in the
event of arrest, the petitioners 2, 3 and 4 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 arresting officer and subject to the
conditions as laid down in sub-section (2) of section 438 of the
Code of Criminal Procedure.
C.R.M. 3310 of 2017 thus stands disposed of.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)