1
381/CL
13.09.2017
rrc
(Allowed)
C.R.M. 8208 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure, 1973.
In the matter of : 1. Sukumar Maity
2. Smt. Maya Maity
3. Alakesh Samanta
4. Suman Maity
… petitioners
Mr. Joy Sengupta
Mr. Suprakas Misra
…..For the petitioners
Mr. S. S. Imam
Mr. Rajes Jana
……For the State
Mr. Amal Krishna Samanta
……For the de-facto complainant
Apprehending arrest in course of investigation of
Kolaghat Police Station F.I.R. No. 300 of 2017 dated 21st
July, 2017 under Sections 498A, 313 and 34 of the Indian
Penal Code and Section 4 of the Dowry Prohibition Act, the
petitioners (the victim’s parents-in-law, husband and one of
their relatives) have applied for anticipatory bail.
It is alleged in the complaint under Section 156(3) of
the Code of Criminal Procedure (hereafter the ‘Cr.P.C.’)
giving rise to the F.I.R. that soon after performance of the
last rites of the father of the petitioner no. 3 (the relative), all
the petitioners administered a medicine to the victim which
led to termination of her pregnancy.
2
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, as revealed from the
case diary, we are of the considered view that their custodial
interrogation is not necessary for meaningful progress of
investigation of the F.I.R., and that 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 Cr.P.C.
(Debi Prosad Dey, J.) (Dipankar Datta, J.)