Calcutta High Court (Appellete Side)
Sri Sibu Sarkar vs Unknown on 18 July, 2017
1 913/CL 18.07.2017
rrc (Allowed) C.R.M. 5364 of 2017 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of : 1. Sri Sibu Sarkar
2. Smt. Ranu Sarkar ... petitioners Mr. Anirban Banerjee .....For the petitioners Mr. S. G. Mukherjee, Ld. P.P. Mr. Sujoy Sarkar ......For the State Apprehending arrest in course of investigation of Jalpaiguri Women Police Station F.I.R. No. 11 of 2017 dated 24th January, 2017 under Sections 498A/304B of the Indian Penal Code, the petitioners (parents-in-law of the victim) have applied for anticipatory bail.
We have heard learned advocates for the parties and considered the materials in the case diary. It is found that on completion of investigation, police report (charge-sheet) under Section 173(2) of the Code of Criminal Procedure (hereafter the Cr.P.C.) has been submitted before the relevant magistrate.
In view of submission of charge-sheet, we are of the opinion that personal liberty of the petitioners may not be curtailed at this stage and that they are entitled to a 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 2 furnishing bond of Rs.5,000/- each, with two sureties of like amount each, to the satisfaction of the Court below. (Debi Prosad Dey, J.) (Dipankar Datta, J.)