Calcutta High Court (Appellete Side)
Jyotsna Bhunia & Ors vs Unknown on 14 June, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
CRM 2407 of 2011
139 14.06.2011CRM 2407 of 2011 akd Re: An application for bail under Section 438 of the Code of Criminal Procedure filed on 15th March, 2011 in connection with Ghatal P.S. Case No. 113 of 2010 dated 9th November, 2010 under Sections 498A/302/34 of the Indian Penal Code.
In the matter of : Jyotsna Bhunia & Ors.
.... Petitioners.
Mr. S. K. Mahato.
... For the Petitioners.
Mr. Asis Chakraborty.
... For the State.
Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel for the State.
Perused the case diary.
The present petitioners, who happened to be the married sisters-in-law of the victim housewife, are apprehending their arrest in connection with a case relating to offence punishable under Sections 498A/302/34 of the Indian Penal Code, registered vide, Ghatal P.S. Case No. 113 of 2010 dated 9th November, 2010.
We have gone through the case diary.
Learned counsel appearing on behalf of the State fairly conceded he found no material against the present petitioners, so far as their presence and participation in the commission of the alleged offence.
Therefore, in our opinion, petitioners' custody is not 2 CRM 2407 of 2011 required for the purpose of investigation and their prayer for pre-arrest bail can be considered favourably.
Accordingly, it is directed, in the event, petitioners are arrested in connection with Ghatal P.S. Case No. 113 of 2010, they shall be released on bail upon furnishing P.R. Bond of Rs. 5,000/-, each, with one surety of the like amount each, on further condition as stipulated in Sub-section 2 of Section 438 of the Code of Criminal Procedure.
Thus, the application for pre-arrest bail stands disposed of.
(J. N. PATEL, CHIEF JUSTICE) (ASHIM KUMAR ROY, J.) 3 CRM 2407 of 2011