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Sukumar Maity vs Unknown on 13 September, 2017



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.

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.)

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