Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Sk. Sahadat & Ors on 4 July, 2016
Author: Patherya
Bench: Patherya
1 09 2016 HIK OWED C.R.M. 3034 of 2016.
In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 20.04.2016 in connection with Nandigram P.S. Case No. 162 of 2016 dated 07.04.2016 under Sections 498A/304B/302/34 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act.
And In the matter of : Sk. Sahadat & Ors. ... Petitioners.
Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmik.
.. for the Petitioners.
Mr. Subir Banerjee.
.. for the State.
This is an application under Section 438 of the Code of Criminal Procedure as filed by the accused petitioners praying for their release on anticipatory bail in the event of their arrest in connection with Nandigram P.S. Case No. 162 of 2016 dated 07.04.2016 under Sections 498A/304B/302/34 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act.
Defence counsel submits that this application is not pressed on behalf of the petitioner no. 2 as he has been taken into custody. Accordingly, the prayer for anticipatory bail in respect of petitioner no. 2 is rejected as not pressed.
Defence counsel further submits that the petitioner nos. 1, 3, 4, 5, 6, 7 and 8 are relatives of the principal accused. They are in no way involved with the offence alleged and have been falsely implicated. The marriage between the couple was solemnised five 2 weeks ago but none of the petitioners made any demand as made out in the FIR.
Counsel for the State produces the case diary and takes us to the inquest report at pages 24 and 25. The statements recorded under Section 161 Cr. P. C. at pages 15, 17 and 19 be looked into. The marriage between the couple was solemnised five weeks ago.
Having considered the submissions of the parties and on scrutiny of the case diary, application in respect of the petitioner no. 2, namely, Sk. Saddam, is rejected as not pressed. Sufficient material exists to warrant grant of anticipatory bail to the petitioner nos. 1, 3, 4, 5, 6, 7 and 8, namely, Sk. Sahadat, Sk. Julfikar, Sk. Saharuddin, Rabeya Bibi, Saniya Khatoon, Manira Bibi and Sk. Ansar Hossain respectively in the event of their arrest upon furnishing bond of Rs. 5,000/- each along with two sureties of Rs. 2,500/- each to the satisfaction of the arresting authority subject to the conditions imposed under Section 438(2) of the Code of Criminal Procedure.
In view of the aforesaid, the prayer for anticipatory bail in respect of petitioner nos. 1, 3, 4, 5, 6, 7 and 8 is allowed and the application is, thus, disposed of. The prayer of anticipatory bail in respect of petitioner no. 2 is rejected as not pressed and is dismissed.
Report dated 4th July, 2016 filed by the Investigating Officer be kept on record.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) 3 ( Samapti Chatterjee, J. )