CRM No.7457 of 2017
In the matter of an application for bail under Section 439 of the Code of Criminal
Procedure filed on 01.08.2017 in connection with Bankura Women Police Station
Case No.19 of 2017 dated 16.03.2017 under sections 498A/326/307/304B/406/34
of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
In re: Raju Dutta Anr. … Petitioners (In Jail)
Mr.Soumik Ganguli … for the petitioners
Mr.Partha Pratim Das … for the State.
Heard the learned advocates appearing on behalf of the parties. Perused
the case diary.
The petitioners are the husband and mother-in-law of the victim
housewife. They are in custody for 139 days. Investigation is over and charge
sheet has been submitted.
This is a case, where the victim housewife caught fire. Immediately,
thereafter, she was removed to the hospital and on the very next day of the
incident, her dying declaration was recorded in the injury report, where she
disclosed that she caught fire accidentally. Subsequently, about eight (8) days
after, her another dying declaration was recorded, where she disclosed that the
present petitioners are the persons, who set her on fire. Beside those two dying
declarations, no other implicating materials have been brought to our notice.
Having regard to the above and considering the petitioners’ length of
detention in custody and when no case is made out from the side of the State that
even after submission of the charge sheet, the petitioners’ custodial detention is
still necessary or if the petitioners are released on bail, they are likely to abscond,
the prayer for bail of the petitioners stands allowed.
Let the petitioners be released on bail upon furnishing a Bond
of Rs.10,000/- each, with two sureties of Rs.5,000/- each, one of
whom must be local, to the satisfaction of the learned Chief Judicial
Accordingly, this application for bail is disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)