rkd Ct. No.28 C.R.M. 133 of 2018
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.
In the matter of: Chookina Bibi @ Nosiba Anr.
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
In the event the petitioner fails to comply with the
conditions as enshrined hereinbefore, it is open to the trial court
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.)