Pinku Kuri@Pinku Kuri Das v. The State Of West Bengal

Calcutta High Court In the Circuit Bench at Jalpaiguri 27.11.2024 Item No.6 Court No.1 (GB) (Allowed) CRM (DB) 617 of 2024 In Re: - An application for bail under section 439 of the Code of Criminal Procedure, 1973/Section 483 of the B.N.S.S. 2023 in connection with Rajganj Police Station Case No.105/2024 dated 25.03.2024 under Sections 498A/304B/34 of IPC.

And In the matter of: Pinku Kuri @Pinku Kuri Das ....Petitioner.

Mr. Supratim Nag, Ms. Trishna Roy ...for the Petitioner.

Mr. Aditi Shankar Chakraborty, Mr. Subhasish Misra ... for the State.

1. The petitioner is the mother-in-law of the victim. She prays for bail on the ground of parity and also on the ground of prolonged detention. She is in custody for 243 days. Other co-accused are also on bail apart from Subhankar Kuri, the husband of the victim.

2. Learned advocate for the State opposes the prayer for bail and produces the case diary.

3. Upon perusal of the materials on record, we, prima facie, find that the main allegation is directed against the husband who is in custody. There is no specific allegation against the present accused person and the accused persons standing on the same footing are on bail.

4. Considering all these aspects, we are of the view that further detention of the petitioner will not serve any purpose.

5. In view thereof, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two registered sureties of equal amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate,

Jalpaiguri. The petitioner shall appear before the learned trial court on each and every date of hearing and shall not intimidate the witnesses or tamper with any evidence. The petitioner shall not leave the jurisdiction of the trial court. In case of failure to comply with the above directions, the learned trial Judge shall be entitled to cancel the bail without further reference to this Court.

6. The application for bail, being CRM (DB) 617 of 2024 is, thus, disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)