Calcutta High CourtCRM/6692/2020disposed

Smt Kanchana Paul And ANR v. State Of West Bengal

2020-02-18Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy3 pages

Serial no.17.

September 18, 2020.

SG CRM 6692 of 2020 with CRAN 1 of 2020 In Re. An application for bail under Section 439 of the Code of Criminal Procedure in connection with Habra Police Station Case No.215 of 2020 dated 10.05.2020 under Sections 498A/302/304B/120B of the Indian Penal Code.

In the matter of:Kanchana Paul and anr ...petitioners.

Mr S. Barman ... for the petitioners.

Mr Saibal Bapuli Ms Sayanti Santra ... for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioners are the wives of two of the brothers of the husband of the deceased. The petitioners claim that they were not associated with the incident which led to the unnatural death of the victim and her four-year-old son. The State relies on the statements furnished by neighbours to the effect that these petitioners would torture the victim and demand more money from her parents. However, the involvement of these petitioners in the incident in which the victim suffered burn injuries along with her minor son does not clearly come out from the papers. The husband of the deceased victim has been arrested.

Considering the material against these petitioners and the extent of their involvement in the incident which led to the unnatural death of the two persons, their further detention may not be necessary. However, the petitioners must attend every date fixed for trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this court.

The petitioners are directed to be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the appropriate court in North 24 Parganas.

CRM 6692 of 2020 and CRAN 1 of 2020 are disposed of. ( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )