Rafiya Bibi Sekh @ Rokiya Bewa @ Rakiy Bewa @ Rofiya Bibi Sk. v. State Of West Bengal
29.08.2022.
25.
Ct.No.28.
as (Allowed) C.R.M. (DB) 2890 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P. S. Case No.437 of dated 05.10.2020 under Sections 498A/304B/34 of the Indian Penal Code.
In the matter of : Rafiya Bibi Sekh @ Rokiya Bewa @ Rakiy Bewa @ Rofiya Bibi Sk.
.... Petitioner.
Ms. Minoti Gomes.
...for the Petitioner.
Mr. Partha Pratim Das, Ms. Eshita Dutta.
...for the State.
Heard the learned Counsels appearing on behalf of the parties.
Petitioner is in custody for 113 days. She prays for bail. Learned Advocate for the State opposes the prayer for bail. He submits the victim was tortured by her husband and in-laws and committed suicide within six months of marriage. We have considered the materials on record. Investigation is complete. Balancing the nature of accusation with the period of detention suffered by the petitioner, as investigation is complete and there is no chance of her abscondence, we are inclined to grant bail to the petitioner.
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 Additional Chief Judicial Magistrate, Ranaghat,
Ndia subject to condition that he 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 his 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.)