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Calcutta High CourtCRM/1143/2019disposed

Manjiana Bewa @ Majina Khatun v. State Of West Bengal

2020-01-02Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Suvra Ghosh2 pages

02.01.2020 tkm/ct 28 C.R.M. 12380 of 2019 sl no. 107 In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 23.12.2019 in connection with Haldibari P.S Case no. 66 of 2019 dated 28.4.2019 under sections 498A/304B of the IPC And Allowed In Re : Manjina Bewa @ Majina Khatun ........ petitioner Mr. P Bhattacharya ...... for the petitioner Mr. S Bhattacharya Mr. Arindam Sen ...... for the State It is submitted on behalf of the petitioner that she is the mother in law of the victim and she is in custody for 48 days. It also submitted that the husband of the victim has been granted bail.

Learned lawyer for the State opposes the prayer for bail. Having considered the material on record and bearing in mind the extent of complicity of the petitioner in the alleged crime and as the principal accused i.e the husband of the petitioner has been enlarged on bail, we are inclined to grant bail to the petitioner also.

Accordingly, the petitioner 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 ACJM, Mekhliganj, Cooch Behar on condition that the petitioner

shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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. The application being CRM 12380 of 2019 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)