1. Today, the Officer-in-Charge, Muchipara P.S., Mr. Partha Sarthi Mukherjee as well as the Investigating Officer of the case, Ms. Shukla Sarkar, are personally present in court.
2. The Officer-in-Charge, Muchipara P.S. tendered his unqualified apology for not production of the case diary before this court earlier. However, he claims that he is not responsible for the same and it is the Investigation Officer's lapse for not production of the case before us in time and even in spite of specific order passed yesterday by this court in the first half, until we pass the next order.
3. In this regard, he submits that he has issued a show-cause notice against the erring police officer and the matter has been referred to Deputy Commissioner (Central), Kolkata and Assistant Commissioner-III, Central Division, Kolkata for taking appropriate steps.
4. He further submits that already the charge of investigation has been taken out from her.
5. Having regard to above, we accept the explanation tender by Mr. Mukherjee, Officer-in-Charge of Muchipara P.S.
6. A copy of the show-cause filed in court today be taken on record.
7. Personal appearance of the Officer-in-Charge, Muchipara P.S. stands dispensed with.
8. The petitioners, apprehending arrest in connection with. Muchipara P.S. (Sec.I) Case No. 42 dated 30.01.2015 under sections 498A/406/34 of the Penal Code, 1860, have approached this Court for anticipatory bail.
9. Heard the learned advocates appearing on behalf of the parties. Perused the case diary.
10. The petitioner No. 1 is the mother-in-law, the petitioner Nos. 2 and 3 are the brothers-in-law and the petitioner No. 4 is the married sister-in-law.
11. We have gone through the statements of the victim-housewife recorded under section 164 CrPC, which is at page 56 of the case diary.
12. Having regard to above and the role attributed to the petitioners by her and when no case is made out from the side of the State that the petitioner's custodial interrogation is necessary, the prayer for anticipatory stands allowed.
13. In the event of arrest of the petitioners in connection with the aforesaid case, they shall at once be released on bail to the satisfaction of the arresting officer upon furnishing a Bond of Rs. 5000/- each on condition that after release, they shall surrender before the concerned court within four weeks thereafter.
14. This order is subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.
15. The application for anticipatory bail is, thus, disposed of.
16. Personal appearance of the Investigating Officer stands dispensed with.
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