Judgment This application for bail under section 439 Cr. P.C. of the Code of Criminal Procedure has been taken out by Avishek Chatterjee @ Abhishek Chatterjee and Arup Chatterjee, who were arrested on 23rd September 2012 in connection with Asansol Women Police Station Case no.68 of 2012 under Sections 498A/406/34 of the Indian Penal Code and Sections ¾ of the Dowry Prohibitions Act. 2. These petitioners were restrained from moving the bail application in the Court of learned Magistrate as the de facto complainant was a lawyer of Asansol Bar and the victim is his daughter. This matter was mentioned before this Court on 19.10.2012 and this Court disposed of an application filed by these two petitioners on that date directing the learned Chief Judicial Magistrate, Asansol to prepone the date of production of the petitioners from the judicial custody before him fixed a date and ask the petitioners whether they were willing to be released on bail or not. This Court thinks that in case these petitioners expressed their willingness, the learned Magistrate should consider the materials in the C.D. and exercise its power under section 437 of the Cr. P.C. in accordance with law. 3. In paragraph 9 of the application filed today shows that effort was made on behalf of the petitioners to convey the order passed by this Court on 19.10.2012 in C.R.M. 16212 of 2012 but no result yielded. They are still in custody and not in a position to move the application for bail as they were refused by the Court. In such a circumstances, this Court thinks it proper and wise to take up the petition for disposal on merit. 4. Heard Mr. Chakraborty, the learned counsel appearing for the petitioners and Mrs. Bhattacharya, for the opposite party State of West Bengal. 5. Perused the C.D. and materials therein. It appears that the alleged incident took place on 16.04. 2012 while the FIR was lodged on 07.05.2012. The marriage of the victim had taken place with the petitioner, Avishek Chatterjee about 8 years ago and in their wedlock one daughter and one son were born. The allegations and aspersions in the FIR appear to be routine in nature. 6. Considering the materials of C.D. the period in custody of the petitioners in connection with this case and having heard the learned counsels for the parties, I allow the prayer. 7. The allegations and aspersions in the FIR appear to be routine in nature. 6. Considering the materials of C.D. the period in custody of the petitioners in connection with this case and having heard the learned counsels for the parties, I allow the prayer. 7. The petitioners may find bail of Rs.5,000/- each with one surety of the local to the satisfaction of the learned C.J.M., Burdwan/C.J.M. Burdwan-in-charge on condition to report the Investigating Officer of the case on every Tuesday till further order. The application for bail is disposed of.