Rani Pandey And ANR v. The State Of West Bengal

21.09.2021 Serial no. 19 Dd (Through Video Conference) CRM 6143 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 10th September, 2021 in connection with Santaldih Police Station Case No. 35 of 2021 dated 30.05.2021 under Sections 498A/ 304B/ 302/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, now pending as G.R. Case No. 309 of 2021.

-AndIn the matter of : Rani Pandey & Anr.

... ...Petitioners Mr. Pawan Kr. Gupta, Ms. Sofia Nasim, Mr. Sougata Mitra, Ms. Ankita Dey, Advocates ... ... For the Petitioners Mr. S. G. Mukherjee, Ld. PP Ms. Faria Hossain Mr. Aniket Mitra, Advocates ... ...For the State Petitioners seek bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for about 85 days. The police submitted charge sheet and, therefore, further detention of the petitioners are not required. Learned advocate appearing for the State submits that the victim died about one year of marriage. There are materials implicating both the petitioners.

The petitioner no. 1 is the sister-in-law of the victim and the petitioner no. 2 is the husband of the victim. Considering the materials available in the case diary and considering that the police submitted charge sheet, we are inclined to grant bail to the petitioner no.1, Rani Pandey

and we are not inclined to grant bail of petitioner no. 2, Bishnudev Pandey.

Accordingly, we direct that the petitioner no. 1, Rani Pandey, shall 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, Purulia subject to condition that the petitioner no. 1 shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner no. 1 fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner no. 1 in accordance with law without further reference to this Court. Prayer for bail of petitioner no. 1 is allowed. Prayer for bail of petitioner no. 2 is rejected. CRM 6143 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)