1
23.05.2017.
Item No.79
(Allowed)
ab/ap C.R.M. 4604 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 19.05.2017 in connection
with Barrackpore Women P.S. Case No. 42 dated 03.05.2017 for
committing offence punishable under Sections
498A/328/406/307/506/34 of the Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act;
And
In the matter of : Vikash Agarwal alias Vikash Kumar
Agarwal and another. …. petitioners.
Mr. Rana Mukherjee,
Mr. Sankha Subhra Ray …For the petitioners.
Mr. Anowar Hossain,
Mr. Mirza Foroj Ahmed Begg. …For the State.
Heard the learned counsel for the petitioners and the State.
Perused the case diary.
The petitioner no. 2 is the sister in-law of the de facto
complainant and the petitioner no. 1 is the husband of the
petitioner no. 2.
On the basis of a written complaint of the victim lady, a case
has been started in which the petitioners have been arraigned as
accused nos. 13 and 14. The First Information Report had been
lodged on 3rd May 2017.
The complaint of the victim lady is primarily against her
husband and mother in-law. There is no detailed or specific
allegation against the petitioners in the complaint.
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It is submitted by Mr. Rana Mukherjee, learned counsel for
the petitioners that his clients reside at a distance of 20 kilometers
from the matrimonial house of the de facto complainant.
Considering the materials available in the case diary, we are
of the view that at this stage, custodial interrogation of the
petitioners is not necessary. Their case stands on an entirely
different footing from the husband and the mother in-law as also
the other relatives of the victim lady.
We, accordingly, direct that in the event of arrest the
petitioners, they shall be released on bail upon furnishing a bond
of Rs. 10,000/- each with two sureties of Rs. 5,000/- each, one of
whom must be local, to the satisfaction of the arresting officer and
also subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, allowed.
(Aniruddha Bose, J.)
(Amitabha Chatterjee, J.)
