Papiya Majhi v. State Of West Bengal

23.12.2021 Serial no. 84 Dd (Through Video Conference) CRM 8780 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 171 of 2021 dated July 14, 2021 under Sections 498A/307/34 and added section 304B/302 of the Indian Penal Code.

-AndIn the matter of : Papiya Majhi ... ...Petitioner Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioner Ms. Faria Hossain, Ms. Baisali Basu, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 90 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 161 of the Criminal Procedure Code as also the statements of the mother of the victim. In the statements recorded under Sections 161 of the Criminal Procedure Code, the victim states that she poured kerosene oil on her self and attempted to commit suicide. The victim subsequently succumbed to her injury out of such incident.

Considering the statements of the victim recorded under Section 161 of the Criminal Procedure Code and

considering the period of detention of the petitioner and considering the gravity of the offences and the complicity of the petitioner therein, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall 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 Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/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 the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail is allowed.

CRM 8780 of 2021 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)