Sabi @ Sabitri Dhibar And ANR v. State Of West Bengal

21.11.2022 Sl. No.33 akd [ALLOWED] C. R. M. (DB) 4045 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.11.2022 in connection with Santaldih Police Station Case No. 34 of 2022 dated 26.06.2022 under Sections 498A/304B/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.428 of 2022) And In Re: Sabi @ Sabitri Dhibar & Anr.

... ... Petitioners Mr. Jayanta Narayan Chatterjee Ms. Nandini Chatterjee Mr. Supreem Naskar Ms. Jayashree Patra Ms. Sreeparna Ghosh Ms. Pritha Sinha ... ... for the petitioners Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy ... ... for the State Petitioners are the mother-in-law and sister-in-law respectively of the victim-housewife. It is submitted on behalf of the petitioners that they are in custody for about 147 days. Petitioner no.2 is in custody with her daughter, a six year old child.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Allegations relate to demand of motorcycle by the husband from the father of the deceased housewife. Petitioners are the in-laws of the victim-housewife. Allegations against them are general and omnibus in nature. Keeping in mind the extent of complicity of the petitioners in the alleged crime, period of detention suffered by them and as investigation is complete, we are of the opinion further detention of the accused/petitioners is not necessary.

Therefore, the accused/petitioners, namely (1) Sabi @ Sabitri Dhibar & (2) Purnima Dhibar, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Raghunathpur, Purulia subject to condition that the said petitioners 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 they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)