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Calcutta High CourtCRM (DB)/3934/2023allowed

Raju Majhi @ Maji v. State Of West Bengal

2023-10-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

11.10.2023.

21.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3934 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur P.S. Case No.171 of dated 14.07.2021 under Sections 498A/304B/120B/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

In the matter of : Raju Majhi @ Maji.

.... Petitioner.

Ms. Sananda Bhattacharyya.

...for the Petitioner.

Mr. Bidyut Kr. Roy, Ms. Rita Datta.

...for the State.

1.

Petitioner submits he is the husband of the victim lady. He is in custody for more than two years. He prays for bail. 2.

Learned Advocate for the State opposes the bail prayer. He contends petitioner-husband and mother-in-law tortured the wife. As a result, she committed suicide. 3.

We have considered the materials on record. Petitioner is in custody for more than two years. Offences even if proved would not attract mandatory life imprisonment. 4.

Balancing the nature of accusation with the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz, Raju Majhi @ Maji 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, Nadia 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.

6.

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.

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