CRM No. 7991 of 2017
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 09.08.2017 in connection with Barasat
P.S. Case No. 484/17 dated 15.05.17 under Sections
498A/304B/306/34 of the Indian Penal Code and Sections 3 and 4 of
the Dowry Prohibition Act.
In the matter of:- Samir Mukherjee Anr. Petitioners
Ms. Sreyashee Biswas,
Ms. Maitrayee Mahata for the petitioners
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Partha Pratim Das,
Mr. Arindam Sen for the State
Heard the Learned Counsel appearing on behalf of the parties.
Perused the case diary.
The petitioners are the parents-in-law. They are in custody
for 88 days.
After submission of the charge sheet for an offence
punishable under Sections 304B/306 IPC, the police has now filed
supplementary charge sheet under Sections 302/34 IPC. According to
the learned counsel for the State, supplementary charge sheet was
submitted after obtaining the opinion of the Post Mortem Doctor.
He further submits that in the Post Mortem Report, the Doctor has
not opined whether the death was homicidal, suicidal or accidental
except that few injuries on the person of the deceased were found
which were due to scuffling.
Now going through the opinion of the Doctor, on the strength
of which the supplementary charge sheet has been filed, we find
the Doctor in his opinion categorically disclosed that he is
unable to ascertain whether death was homicidal, suicidal or
accidental. Our attention has been drawn from the side of the
State from the statement of one of the neighbouring people, who
has been residing on the next house, which is at page 72 of the
case diary. Going through the same, we find, according to that
witness she heard the voice of the mother, namely, the petitioner
no. 2, who was uttering at the time of the incident “eki korli re”
i.e. she was charging someone for committing mischief.
Now having regard to that and other materials collected
during investigation, while we allow the prayer for bail of the
petitioner no. 2, Kakali Mukherjee, the same in respect of the
petitioner no. 1, Samir Mukherjee stands rejected.
Let the petitioner no. 2, Kakali Mukherjee be released on
bail upon furnishing a bond of Rs. 10,000/- with two sureties of
Rs. 5,000/- each, one of whom must be local to the satisfaction of
the Learned Chief Judicial Magistrate, Barasat, North 24-
The application for bail is thus disposed of.
(Ashim Kumar Roy, J.)
(Ashis Kumar Chakraborty, J.)