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Calcutta High CourtCRM (DB)/1587/2022allowed

Pratima Das v. State Of West Bengal

2022-06-10Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

10.06.2022.

73.

Ct.No.28.

as (Allowed) C.R.M. (DB) 1587 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dantanr P. S. Case No.88 of 2022 dated 01.03.2022 under Sections 498/302/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

In the matter of : Smt. Pratima Das.

.... Petitioner.

Mr. Arijit Dey.

...for the Petitioner.

Mr. Bidyut Kr. Roy, Ms. Rita Datta.

...for the State.

Heard the learned Counsels appearing on behalf of the parties.

Petitioner is the mother-in-law of the victim housewife. It is submitted she died due to hanging.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Allegation of torture are general and omnibus in nature. Keeping in mind the extent of complicity of the petitioner in the alleged crime, period of detention suffered by her i.e. 102 days and as investigation is complete, we are inclined in granting bail to her.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipur

subject to condition that the 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.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)