Panchanan Paik And ANR v. State Of West Bengal

26.07.2022.

30.

Ct.No.28 as (Allowed).

C.R.M. (DB) 2454 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gangasagar Coastal P. S. Case No.30 of 2022 dated 03.04.2022 under Sections 498A/406/304B/306/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. In the matter of : Panchanan Paik & Anr.

... Petitioners.

Ms. Subhasree Patel, Mr. Saikat Mondal, Ms. Puja Mahapatra.

...for the Petitioners.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Partha Pratim Das, Ms. Manasi Roy.

.....for the State.

Heard the learned Advocates appearing for the parties. Petitioners are the parents-in-law of the victim housewife. They are in custody for about 113 days. Investigation is complete. They pray for bail. Learned Advocate appearing for the State opposes the prayer for bail. She submits housewife was subjected to torture and committed suicide within four years of marriage. We have considered the materials on record. Allegations of torture are general and omnibus in nature. Investigation is complete. Balancing the nature of accusation with the period of detention suffered by the petitioners, we are inclined to grant bail to the petitioners.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kakdwip, South 24-Paraganas subject to condition that the petitioners shall appear before the trial court on every date of hearing until further orders and shall not intimate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their 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.)