Rita Mondal v. State Of West Bengal

18.10.2023 Sl. No.36 akd [ALLOWED] C. R. M. (DB) 4087 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.10.2023 in connection with Ranaghat Police Station Case No.813 of 2022 dated 28.11.2022 under Sections 498A/304B/34 of the Indian Penal Code. (G.R. Case No.6215 of 2022) And In Re: Rita Mondal ... ... Petitioner Ms. Minoti Gomes Ms. Dona Sanyal ... ... for the petitioner Mr. Joydeep Roy .. Jr. Govt. Advocate Ms. Sujata Das ... ... for the State

1. It is submitted on behalf of the petitioner that she is in custody for more than 300 days. It is further submitted co-accused i.e. father-inlaw of the victim-housewife has been granted pre-arrest bail. Accordingly, she prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits victim-housewife committed suicide within seven months of marriage. She had been tortured over demands of dowry.

3. We have considered the materials on record. There are allegations of torture upon the victim-housewife who committed suicide at her matromonial home. We note co-accused i.e. father-in-law of the victim-housewife has been granted pre-arrest bail. Petitioner stands on the same footing with the said co-accused. Under such circumstances and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Rita Mondal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand

only), with two registered sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)