CRM No. 8322 of 2017
In the matter of: An application for bail under Section 439 of the Code of Criminal
Procedure affirmed on 23.08.2017 in connection with Kumargram P.S. Case No. 393/2016
dated 23.12.2016 under Sections 498A/304B/34 of the Indian Panel Code.
In re : Pintu Dhar Ors. …Petitioners.
Mr. Pravas Bhattacharya …for the petitioners
Mr. Satarup Purkastya ..for the State
We have heard the learned Counsel appearing for the respective parties and
perused the case diary.
The petitioner no.1 is in custody for about 126 days. The petitioner nos.2 3 are in
custody for about 40 days. The charge sheet has already been submitted.
On perusal of the materials in Case Diary including the statement of the neighbor
people under Section 161 of the Code of Criminal Procedure, we are of the opinion the
prayer for petitioner no.1, namely, Pintu Dhar, husband of the victim housewife and the
principal accused, we are not inclined to allow his prayer for granting bail.
So far as the petitioner nos. 2 3 are concerned, they are brother in law of the
deceased housewife and his wife. Our attentions have not been brought towards any
material on record to show that their further custodial detention is required. In the event,
bail is granted in favour of the petitioners, they are likely to abscond.
In view of the above, we are inclined to allow the prayer of the petitioner nos. 2
3, namely, Biplab Dhar and Sampa Dhar for granting bail.
The petitioner nos. 2 3, namely, Biplab Dhar and Sampa Dhar
be released on bail upon furnishing a bond of Rs.10,000/‐ with two sureties of Rs.5,000/‐
each of the petitioners, one of whom must be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Alipurduar.
The application for bail accordingly stands disposed of.
(Debasish Kar Gupta, J.)
(Amitabha Chatterjee, J.)