15157/2013 on 24 January, 2014

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Calcutta High Court (Appellete Side)

15157/2013 on 24 January, 2014

Bench: Indira Banerjee

                          1


      24.1.2014                                C.R.M. No. 15157 of 2013
          (20)
          (sg )
                                                        In the High Court at Calcutta
                     Criminal Miscellaneous Jurisdiction
                       -------------------

In Re : Iva Biswas & Ors. ... Petitioners Re: An application under Section 438 of the Code of Criminal Procedure filed on 13.11.2013 in connection with Ranaghat P.S. Case No. 370 of 2013 dated 12.9.2013 under Sections 464/465/468/471/379/427/120B of the Indian Penal Code.

Ms. Minoti Gomes ...For the petitioners Mr. Bitasok Banerjee ... For the State We have heard the submissions of the learned Advocate for the petitioners and the learned Advocate for the State. It is submitted that civil proceedings are pending between the parties.

Considering the materials produced before us in the case diary, we do not find that custodial interrogation of the petitioners is necessary or there is apprehension of their absconding. We are, therefore, inclined to allow the prayer of the petitioners under Section 438 of the Code of Criminal Procedure.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail, upon furnishing bond of Rs.3,000/- (Rupees three thousand) each with one surety of like amount to the satisfaction of the arresting authority and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus disposed of.

( Indira Banerjee, J. ) ( Indrajit Chatterjee, J. )

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Calcutta High Court (Appellete Side)