Calcutta High Court (Appellete Side)
In Re : Pradip Jana & Ors vs State Of Bihar Reported In Air 2014 on 18 December, 2014
Author: Tapen Sen
Bench: Tapen Sen
39 18.12.2014 AB Court 34 C.R.M. 15111 of 2014 Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30th October, 2014 in connection with Contai Police Station Case No. 387 of 2014 Dated 01.10.2014 under Sections 498A/34 of the Indian Penal Code In re : Pradip Jana & Ors. ...Petitioners.
Mr. Navanil De, Mr. Samiul Haque ... for the Petitioners. Mr. Pradyut Saha ... for the State.
Heard the learned Counsel for the Petitioners and the learned Counsel for the State. We have also perused the Case Diary.
The Case Diary does not show as to whether any notice under Section 41-A of the Code of Criminal Procedure, 1973 has been issued or not. It is in that context and following the judgment of the Hon'ble Supreme Court of India passed in the case of Arnesh Kumar Vs State of Bihar reported in AIR 2014 SC 2756 that we give liberty to the Petitioners to approach the ALLOWED Investigating Officer and furnish their explanations before him and also cooperate with the investigation of this case. This Order shall, therefore, be construed to be a direction upon the Investigating Officer to act in terms of Section 41-A of the Code of Criminal Procedure, 1973. In the event, there is non-cooperation from the side of the Petitioners, then the Investigating Officer shall be free to act under Section 41-A(4) of the Code of Criminal Procedure, 1973.
Considering the aforementioned provision of law, we direct that in the event there is non-cooperation from the side of the Petitioners, the Investigating Officer will be free to take them into custody. This Order is subject to the condition that the Petitioners appear before the Investigating Officer within two weeks from today.
Under the circumstances and for a period of two weeks from today, the Petitioners, in the event of their arrest, shall be released on bail upon each of them furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer.
This Order of interim protection shall, however, lapse on the expiry of two weeks and it will be then left at the discretion of the Investigating Officer to proceed in the manner indicated above.
With the aforesaid observations and directions, this application for grant of anticipatory bail stands Allowed.
(TAPEN SEN, J.) (INDRAJIT CHATTERJEE, J.)