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Judgments of Supreme Court of India and High Courts

Chookina Bibi @ Nosiba & Anr vs Unknown on 9 January, 2018

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20 09.01.2018
rkd Ct. No.28 C.R.M. 133 of 2018
(Allowed)

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 04/01/2018 in connection with
Hariharpara P.S. Case No. 395 of 2017 dated 31/10/2017
under Sections 498A/304B/34 of the Indian Penal Code.

And

In the matter of: Chookina Bibi @ Nosiba Anr.

….petitioner.

Mr. P. Pal, Adv.,
…for the petitioner.

Mr. R. Nandy, Adv.

…for the State.

It is submitted on behalf of the petitioner that petitioner is

the in-law of the victim housewife and the petitioner is in custody

for 71 days. It is further submitted that she has been falsely

implicated in the instant case and that the victim committed

suicide at her parental home.

The learned counsel appearing on behalf of the State

opposes the prayer for bail

Having considered the materials in the case diary and the

fact that the victim committed suicide at her parental home and

bearing in mind the period of detention suffered by him, we are

inclined to grant bail to the petitioner.

Let the petitioner be released on bail upon furnishing a

Bond of Rs. 10,000/- with two sureties of like amount each, one

of whom must be local, subject to the satisfaction of the Learned

Additional Chief Judicial Magistrate, Murshidabad subject to the

condition that during bail he shall appear before the learned trial

court regularly till disposal of the trial and he shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever.

In the event the petitioner fails to comply with the

conditions as enshrined hereinbefore, it is open to the trial court
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to cancel the bail without any further reference to this Court.

The application for bail is, thus, disposed of.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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