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Calcutta High CourtCRM (DB)/3846/2023allowed

Juhi Kumar And ANR. v. State Of West Bengal

2023-10-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

05.10.2023.

49.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3846 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotshila P.S. Case No.85 of 2023 dated 01.08.2023 under Sections 498A/304B of the Indian Penal Code.

In the matter of : Smt. Juhi Kumar & Anr.

.... Petitioners.

Mr. Sourav Chatterjee, Mr. Sougata Mitra, Ms. Soma Chakraborty.

...for the Petitioners.

Mr. Saswata Gopal Mukherji, ld. P.P., Ms. Faria Hossain, Mr. Anand Keshari.

...for the State.

1.

Petitioners are the mother-in-law and sister-in-law respectively of the victim housewife. They are in custody for about two months. They pray for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits victim lady committed suicide within two years of marriage.

3.

We have considered the materials on record. Allegations against the petitioners who are the in-laws of the victim lady are general and omnibus. There is no chance of their abscondence.

4.

Under such circumstances, we are inclined to grant bail to the petitioners.

5.

Accordingly, the petitioners viz., Smt. Juhi Kumar and Smt. Rupali Kumar shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount

each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purulia subject to condition that they 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. 6.

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.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)