Calcutta High Court (Appellete Side)
Taufik Khan & Others vs Unknown on 2 March, 2016
Author: Patherya
Bench: Patherya
1 48 02.03.2016
. CRM 1150 of 2016
BD
Re: An application for bail under Section 438 of the Code of Criminal Procedure filed on 8th February, 2016 in connection with Dubrajpur Police Station Case No. 242/2015 dated 27.12.2015 under Sections 498A/323/325/506/34 of the Indian Penal Code and Section ¾ Dowry Prohibition Act (Corresponding to G.R. Case No. 555/2015).
In the matter of : Taufik Khan & Others.
... Petitioners Mr. Somnath Banerjee.
... For Petitioners Ms. Purnima Ghosh.
... For State Apprehending arrest in connection with Dubrajpur Police Station Case No. 242/2015 dated 27.12.2015 under Sections 498A/323/325/506/34 of the Indian Penal Code and Section 3 and 4 Dowry Prohibition Act corresponding to G.R. Case No. 555/2015, this application for anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure.
Defence counsel submits that the petitioner no. 2 is the husband of the victim girl, the petitioner no. 1 is the brother-in- law, the petitioner no. 4 is the wife of petitioner no. 1 and the petitioner no. 3 is the married sister-in-law who resides separately. The said persons are in no way involved in the offence alleged and they have been falsely implicated in the Bail instant case.
Counsel for the State produces the case diary and takes us to pages 8, 9, 10 and 19 containing the statement recorded under Section 161 of the Code of Criminal Procedure.
Having considered the submissions of the parties and 2 on scrutiny of the case diary, sufficient material exists to warrant grant of anticipatory bail to the petitioners in the event of their arrest upon furnishing of bond to the tune of Rs. 5,000/- each along with two sureties of Rs. 2500/- each to the satisfaction of the arresting authority and subject to the conditions imposed under Section 438(2) of the Code of Criminal Procedure.
The prayer for anticipatory bail is allowed and the application is, thus, disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya, J) (Debi Prosad Dey, J)