Nurnisa Bibi v. State Of West Bengal

13.07.2022 tkm/ct 28 C.R.M. (DB) 2283 of 2022 sl no. 41 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Santipur P.S Case no. 360 of 2022 dated 23.4.2022 under sections 498A/302/34 IPC And Allowed In Re : Nurnisa Bibi ........ petitioner Mrs. Karabi Roy ...... for the petitioner Mr. S G Mukherjee, ld PP Mr. Aniket Mitra Ms. Mamata Jana ...... for the State Petitioner is in custody for 66 days. Petitioner is the married sister in law of the victim housewife. She did not reside at the matrimonial home of the victim.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Allegation of torture on the housewife by the petitioner requires to be assessed in the light of the aforesaid submission she did not ordinarily reside at the matrimonial home of the victim.

Keeping in mind the extent of complicity of the petitioner in the alleged crime and the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner. Accordingly, the petitioner 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 ACJM, Ranaghat on condition that the petitioner 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 she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application being CRM (DB) 2283 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)