Manihar Biibi v. State Of West Bengal

C.R.M. 6420 of 2020 14.09.2020 8.

Aloke/sg Court 8 (I.A. CRAN 01 of 2020) (Via Video Conference) In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kandi P.S. Case No. 217 of 2020 dated 23.05.2020 under Section 302/34 of the Indian Penal Code.

And In the matter of: Manihar Bibi & Anr.

Mr. Manas Kr. Das ... for the Petitioners Mr. Madhusudan Sur Mr. Aniket Mitra ... for the State Allowed The petitioners undertake to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

CRAN 1 of 2020 is, accordingly, disposed of.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are the parents of the victim deceased. Owing to a scuffle that had placed between the parties, injuries were suffered by the victim to which he succumbed. The petitioners are in custody for about 115 days. Charge-sheet has already been submitted.

Learned counsel appearing on behalf of the State opposes the prayer for bail. He submits that both the accused had beaten their son and thereafter the victim was strangulated to death. Considering the period of custody suffered by the

petitioners and the fact that charge-sheet has already been submitted, we are inclined to grant bail to the petitioners. Accordingly, we direct that the petitioners shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of like amount each, one of whom shall be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kandi, on condition that they shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the trial court, the trial court shall be at liberty to cancel their bail without further reference to this Court.

The application for bail is, accordingly, allowed. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Jay Sengupta,J.) (Soumen Sen, J.)