← Library
Calcutta High CourtCRM(DB)/422/2024rejected

Basanti Das And ORS v. The State Of West Bengal

2024-08-21Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

21.08.2024.

Item No. 8 Court No.1 ap CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE C.R.M. (DB) No. 422 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 25.07.2024 in connection with Sitai Police Station Case No. 32 of 2024 dated 17.02.2024 under Sections 498(A)/304B/34 of the Indian Penal Code.

And In the matter of: Basanti Das & Ors. ...Petitioners. Mr. Sudip Guha.

...For the petitioners Mr. Aditi Shankar Chakraborty, ld. APP, Mr. Subhasish Misra.

....For the State

1. The application for bail is canvassed on the ground that the petitioners are in custody for 186 days. The petitioners are the mother-in-law, father-in-law and husband of the victim housewife, who committed suicide within eight months of marriage while she was pregnant. The foetus died as a result of the death of the victim.

2. This Court has very carefully considered the materials in the case diary.

3. There is clear and unequivocal evidence as regards a demand for balance sum of Rs.1,00,000/- of dowry out of Rs.1.5 lakhs. The accused persons are the family of labourers.

4. In the facts and circumstances of the case and considering the materials available in the case diary, this

Court is not inclined to grant bail to the petitioners at this stage.

5. C.R.M. (DB) No. 422 of 2024 is, thus, dismissed.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Ajay Kumar Gupta, J.) (Rajasekhar Mantha, J.)