Prathami Mejhan v. State Of West Bengal

26.08.2022 Sl. No.34 akd [ALLOWED] C. R. M. (DB) 2899 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 23.08.2022 in connection with Nituria Police Station Case No.61 of 2022 dated 11.06.2022 under Sections 498A/304B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. And In Re: Prathami Mejhan ... ... Petitioner Mr. Dibyendu Chatterjee Ms. Reshmi Ghosh ... ... for the petitioner Ms. Zareen N. Khan Mr. Asoke Das ... ... for the State It is submitted on behalf of the petitioner that she is in custody for about 71 days. It is further submitted petitioner has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for bail and submits victim-housewife committed suicide due to torture. We have considered the materials on record. Allegations of torture are general and omnibus in nature. Keeping in mind the nature of accusation, period of detention suffered by the petitioner and as investigation is complete, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Prathami Mejhan, 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 Additional Sessions Judge, Raghunathpur, Purulia subject to condition that the said petitioner 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 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 for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)