Hamid Sk. @ Seikh v. State Of West Bengal

ADDL 39.

October 20, 2020.

SG CRM 8207 of 2020 In Re. An application for bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No.1505 of 2019 dated 03.12.2019 under Sections 498A/325/307/ 406/494/34 of the Indian Penal Code and Section 4 of D.P. Act.

In the matter of: Hamid Sk @ Seikh ...petitioner.

Mr J.I. Hossain ... for the petitioner.

Mr N.P. Agarwal Mr Pratick Bose ... for the State.

The petitioner undertakes 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. Leave is given to Advocate for the petitioner to add Section 304B of the Penal Code as one of the charges levelled against the petitioner.

The petitioner is the father-in-law of the victim who appears to have been burnt to death within six or eight months of her marriage.

The State says that there are credible allegations of dowry demands being made by the petitioner and it is because of the victim's failure to obtain more money from her father that she suffered the fate. It transpires that the victim

made a dying declaration in the hospital. In such declaration she mentioned that it was her husband who set her ablaze. Though the petitioner may have been involved in demanding dowry, since the role of the petitioner in the unnatural death of the victim appears to be unclear, the petitioner need not be taken into custody at this stage. In the event of arrest, the petitioner will be enlarged on bail upon furnishing a security of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 8207 of 2020 is disposed of.

( Sanjib Banerjee, J. ) ( Arijit Banerjee, J. )