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498A/306/34 Of The Indian Penal … vs In Re : Minati Biswas on 13 July, 2018

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.)

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