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Biswanath Ash & Anr vs Unknown on 23 July, 2021

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1

23.07.2021
37

Ct-28
PJ CRM 3144 of 2021

Allowed

In re: An application for bail under Section 439 of the Code
of Criminal Procedure filed on 06.04.2021 in connection with
Kotulpur Police Station Case No. 164/2019 dated
15.11.2019 under
Sections 498A/302/304B of the Indian
Penal Code and 3/ 4 of the
Dowry Prohibition Act;

And

In the matter of: Biswanath Ash anr.

…Petitioners.

Ms. Pampa Dey (Dhabal)
… For the Petitioners.

Ms. Faria Hossain,
Ms. Sonali Das, … For the State

Parents-in-law are said to be involved in this case for
causing dowry death of the deceased victim after putting her
to suffer oppression and cruelty in her in-laws house.

Learned advocate for the petitioners submits that the
petitioners are parents-in-law and they had no active
contribution to the alleged occurrence leading to the death of
the deceased and they have been languishing in custody for
nearly about 410 days.

It is further submitted that the charge-sheet has
already been submitted and with the conclusion of the
investigation, further detention of the petitioners is
unnecessary.

2

Learned advocate for the State raises objection against
the prayer for bail referring the statement of the parents of
the deceased and another witness, who happens to be the
grand-daughter of the petitioners.

It is further submitted that few days after marriage,
the victim was put to suffer cruelty continuously and
ultimately suffered death receiving burn injuries, while in
matrimonial house.

We have perused the statement of the parents of the
deceased and the grand-daughter of the petitioners and the
post-mortem report.

Upon perusal of such statement, the petitioners are
not perceived to be similarly circumstanced with the
husband of the deceased, who is languishing in custody.

Having considered the submission of both sides and
bearing in mind the omnibus allegations raised against the
parents-in-law together with the period of detention already
suffered by the petitioners, we are of the considered view
that further detention of the petitioners is not necessary.

Accordingly, we direct that the petitioners shall be
released on bail upon furnishing a bond of Rs.10,000/- each
with two sureties of like amount each, one of whom must be
local, to the satisfaction of the learned Additional Chief
Judicial Magistrate, Bishnupur, Bankura on condition that
during bail they must not tamper with the evidence nor
intimidate the witnesses in any manner whatsoever and
attend court regularly and face the trial.

3

In the event of violation of any such conditions, the
learned Court shall be at liberty to cancel the bail of the
petitioners without any reference to this Court.

Accordingly, the application for bail is allowed.

C.R.M. 3144 of 2021 is thus disposed of.

(Subhasis Dasgupta, J.) (Shivakant Prasad, J.)

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