Nadira Bibi Mondal v. State Of West Bengal

23.06.2023 Item no.56.

Court No.6.

AB (Allowed) CRM (DB) No. 2383 of 2023 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No.38 of 2023 Dated 14.2.2023 under Sections 498A/304B/34 of the Indian Penal Code And In the matter of : Nadira Bibi Mondal ......Petitioner. Mr. Ashok Das, Ms. Roma Roy ......for the Petitioner.

Mr. P. K. Dutta, Mr. S. Deb Roy ......for the State.

The petitioner prays for bail. She says that she is in custody for 130 days. She is the mother-in-law of the victim lady. The allegation is under Sections 498A/304B/34 IPC. The petitioner says that she has no role to play in the suicide of the victim lady. The husband of the victim is in custody. We have perused the material in the case diary including statements of persons recorded under Section 161 Cr.P.C. Charge sheet has been submitted.

On an overall consideration of the facts and circumstances of the case and in view of the fact that charge sheet has been submitted after completion of investigation, we

are of the view that custodial detention of the petitioner is no more necessary.

Accordingly, we direct that the petitioner, namely Nadira Bibi Mondal 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 Additional Chief Judicial Magistrate, Tehatta and on further conditions that she shall remain within the jurisdiction of the concerned police station until further orders. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioners' bail in accordance with law 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.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)