Saida @ Sahida Mondal v. State Of West Bengal

21.02.2024 Sl. No.23 akd [ALLOWED] C. R. M. (DB) 477 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.02.2024 in connection with Chapra Police Station Case No.888 of 2023 dated 22.11.2023 under Sections 498A/302/304B of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. And In Re: Saida @ Sahida Mondal ... ... Petitioner Mr. Prabir Majumder Mr. Snehansu Majumder ... ... for the petitioner Mr. Prasun Kumar Dutta .. ld. Addl. Public Prosecutor Ms. Pritha Paul ... ... for the State

1. Petitioner is the mother-in-law of the victim lady.

2. It is submitted on behalf of the petitioner that she is in custody for about 81 days. It is further submitted victim suffered from mental depression and had set herself on fire. Accordingly, she prays for bail.

3. Learned Additional Public Prosecutor opposes the prayer for bail.

4. We have considered the materials on record. Statements of witnesses corroborate the allegation that the victim had set herself on fire. They do not allege any incitement at the behest of the petitioner. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

5. Therefore, the accused/petitioner, namely Saida @ Sahida Mondal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnagar subject to condition that the said

petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court.

7. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)