Circuit Bench of Calcutta HC granted anticipatory bail to parents-in-law and sister-in-law of a complainant who failed to produce for four years post departure to Nepal. Court held custodial interrogation unnecessary.
Petitioners granted anticipatory bail with bond of Rs.10,000 each and two sureties; directed to appear for questioning fortnightly.
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CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI
16.08.2023 Court No.1 Item. 49 ( sg/cm ) CRM(A) 571 OF 2023
In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Matigara Police Station Case No. 399/2023 dated 27.05.2023 under Sections 498A/494 of the Indian Penal Code.
And
In the matter of : AMIT NASKAR & ORS.
. .. . . . . .Petitioners.
Mr. Pritam Chowdhury
For the Petitioners. Mr. Nilay Chakraborty Mr. Dhiman Sil For the State.
2
after four years from the time of the de-facto complainant leaving her matrimonial home.
(PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)
2 issues framed by the court
Whether anticipatory bail is maintainable on facts of 498A/494 offence filed years after factum of separation.
Whether custodial interrogation of petitioners is necessary in view of bailability of Section 494 and lack of specific charges.
3 provisions across 2 enactments
AMIT NASKAR & ORS.
STATE
PRAJNAN BISWAS
MOUSHUMI BHATTACHARYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
