An Application For Bail Under … vs In Re: Dipak Dey & Anr on 25 September, 2017

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27 25.09.2017
AGM/ Court No.23
CRM 9593 of 2017
SK

In the matter of an application for bail under section 439 of the
Code of Criminal Procedure filed on 22.09.2017 in connection
with Bidhannagar Women Police Station Case No. 23/17 dated
12.09.2017 under sections 498A/406/307/376/511/34 of the
Indian Penal Code read with sections 3/4 of the Dowry
Prohibition Act.

And

In Re: Dipak Dey Anr. Petitioners.

Mr. Sekhar Basu, Sr. Adv.,
Mr. Antarikhya Basu,
Mr. Anirban Dutta,
Mr. Sougata Sarkar,
Mr. Somnath Bhattacharya ……For the Petitioners.

Mr. Rudradipta Nandy,
Mr. Bitasok Banerjee … For the State.

Having heard both sides and upon perusing the case

diary and other materials produced during the course of hearing,

it is noticed that the accused Dipak Dey had filed a petition

under section 12 (1)(c) of the Hindu Marriage Act, 1955, prior to

the police case being registered against both the petitioners,

being Dipak Dey and his elder brother, Sukhamoy Dey. The

statement of the victim under section 164 of the Code of Criminal

Procedure reveals that she has stated before the learned

Magistrate that she previously got married to one Mainak Sarkar,
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but her marriage was not successful. It was “null and void”.

During hearing, the learned advocate for the State has

not been able to produce any copy of decree to that effect of her

previous marriage being “null and void” from a competent court,

which would corroborate such statement made by the victim

before the learned Magistrate under section 164 of the Code of

Criminal Procedure. That apart, we also take notice of the fact

that even prior to the institution of the police complaint, the

petitioner no. 1 had made several General Diary Entries at

Baguihati and Garfa Police Station.

Upon taking into consideration the broad conspectus of

the entire matter as discussed hereinbefore, we are of the view

that in the facts and circumstances of the instant case, the

petitioner no. 1 Dipak Dey being the husband of the victim and

the petitioner no. 2 Sukhomoy Dey being the brother-in-law of

the victim are required to be enlarged on bail forthwith.

Both the petitioners, therefore, shall stand released on

bail upon furnishing Bonds of Rs. 5,000/- each, with two

sureties of Rs. 2,500/- each, to the satisfaction of the Learned

Additional Chief Judicial Magistrate, Bidhannagar, North 24

Parganas, on the condition that for the purpose of investigation

of the case they shall be available as and when called for before

the concerned investigating officer.

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The instant application for bail is, thus, disposed of.

(Biswanath Somadder, J.)

(Mir Dara Sheko, J.)

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