AGM/ Court No.23
CRM 9593 of 2017
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
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,
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.
The instant application for bail is, thus, disposed of.
(Biswanath Somadder, J.)
(Mir Dara Sheko, J.)