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Usha Rani Bhowmick vs Unknown on 8 September, 2017


Sl No. 266.
Allowed. C.R.M. 7924 of 2017

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure,

In the matter of : 1. Usha Rani Bhowmick,

2. Malay Bhowmick,

3. Mili Bhowmick,

4. Reba Bhowmick,

5. Saina Bhowmick,

6. Mouli Bhowmick,

7. Niloy Bhowmick. … petitioners.

Mr. Monish Sen. …..For the petitioners.

Mr. Subrata Roy. ……For the State.

Apprehending arrest in connection with investigation of Nabadwip Police
Station F.I.R. No. 140 dated 10.04.2017 under Sections 498A/306/34 of the
Indian Penal Code, the petitioners have applied for anticipatory bail.

Heard the learned advocates for the parties and perused the materials in
the case diary. It appears from the materials in the case diary that the second
son of the petitioner no. 1 met with an accident in 2016; thereafter he became
physically disabled. He along with his wife and child were dependent on the
petitioner no. 1 but the petitioner no. 1 along with the other petitioners, with a
view to grab the property of the second son of the petitioner no. 1, started
torturing them to such an extent that the said son, his wife and child, consumed
poison. The son died, while his wife and child are now safe. The complaint
giving rise to the F.I.R. was filed by the father of the wife of the second son.

Having regard to the nature of allegations under investigation and the level
of complicity of the petitioners, as revealed from the case diary, we are of the view
that custodial interrogation of the petitioners is not necessary and hence they are
entitled to direction as prayed for in this application.

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 Code of Criminal Procedure.

( Debi Prosad Dey, J. ) ( Dipankar Datta, J.)

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