1
13.07.2018
32
sdas
Allowed
C.R.M. 4795 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 12.07.2018 in connection with Dhubulia
Police Station Case No. 16 of 2018 dated 20.01.2018 under Sections
498A/306/34 of the Indian Penal Code.
And
In Re : Minati Biswas …… petitioner
Mr. Snehansu Majumder
…..for the petitioner
Mr. S. G. Mukherjee, learned P.P.,
Ms. Amita Gaur
….for the State
Learned Counsel appearing for the petitioner submits that the
petitioner is in custody for 146 days and it is further submitted that
the investigation is complete.
Learned Counsel appearing for the State opposes the prayer for
bail and submits that the petitioner had an illicit relation with the
husband of the victim and as a result of that the victim committed
suicide.
We have considered the materials on record including the
statement of the victim recorded in the medical papers. We opine that
it is a matter to be decided in the course of trial whether the act of the
petitioner constitutes abetment of commission of suicide particularly
when the statutory presumptions under Sections 113A/113B of the
Evidence Act are not attracted in the facts of the case.
2
In view of the aforesaid facts and the period of detention suffered
by the petitioner and that the petitioner is a lady, we are inclined to
grant bail to the petitioner.
Accordingly, we direct that the petitioner shall 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, to the satisfaction of the
learned Chief Judicial Magistrate, Nadia, subject to condition that she
shall not intimidate the witnesses or tamper with evidence in any
manner whatsoever and she shall appear before the trial court on
every date of hearing and in the event she fails to do so, the trial court
shall be at liberty to cancel her bail without further reference to this
Court.
The application for bail is, accordingly, allowed.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
