Jayanti Roy v. State Of West Bengal

CRM 3925 of 2021 (Via Video Conference) 09.08.2021 Court No.28 Item No.11 (Allowed) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 07.06.2021 in connection with Joypur Police Station Case No. 110 of 2018 dated 22.11.2018 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act;

Saswata And In the matter of : Jayanti Roy

...Petitioner

Ms. Pampa Dey (Dhabal) ...For the Petitioners Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ... For the State The Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 110 of 2018 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is in custody for 180 days in connection with the aforementioned case. The petitioner is the mother-in-law and it has been informed to us that the other co accused, including the husband of the deceased had already been granted bail. Learned Advocate for the State submits that there is an omnibus allegation against all of them.

In view of the above, more particularly, that the other coaccused who stands on the same footing that of the petitioner, had

been enlarged on bail, we do not find any justification in refusing the prayer for bail to the petitioner being the mother-in-law. The prayer for bail of the petitioner is, thus, considered and allowed.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of `10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Bishnupur, Bankura subject to the condition that the petitioner shall appear before the Trial Court on every date of hearing until further orders.

In the event the petitioner fails to do so without any justifiable cause, the Trial Court shall be at liberty to pass necessary order in accordance with law without any further reference to this Court. The application for bail, being CRM 3925 of 2021, is thus disposed of.

(Harish Tandon, J) (Bibek Chaudhuri,J.)