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01.10.18

Sl. No.51
akd
[ALLOWED]
C. R. M. 8490 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
27.09.2018 in connection with Bhupatinagar Police Station Case No. 85 dated 16.06.2018
under Sections 498A/304B/34 of the Indian Penal Code read with Sections 3/4 of the
Dowry Prohibition Act. (G.R. Case No. 712 of 2018)

And

In Re: Nemai Dhara Anr.

… … Petitioners
Mr. Navanil De .. Advocate
Ms. Ayantika Ray .. Advocate
… … for the petitioners

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mrs. Amita Gaur .. Advocate
… … for the State

The petitioners are seeking bail in connection with a case relating to offences

punishable under Sections 498A/304B/34 of the Indian Penal Code read with Sections 3/4

of the Dowry Prohibition Act

Petitioner no.1 is in custody for 106 days and petitioner no.2 is in custody for 84

days and it is submitted that they have been falsely implicated in the instant case.

Learned advocate for the State opposes the prayer for bail and submits that the

victim committed suicide within five years of marriage.

Having considered the materials in the case diary and bearing in mind the

nature of allegations which are general and omnibus and keeping in mind the period of

detention suffered by the petitioners and the fact that investigation is complete, we are of

the opinion that further detention of the accused/petitioners is not necessary.
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Therefore, the accused/petitioners, namely (1) Nemai Dhara (2) Shyamali

Dhara, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand

only) each, with two sureties of like amount each, one of whom must be local, to the

satisfaction of the learned Additional Chief Judicial Magistrate, Contai, Purba Midnapore

subject to condition that the said petitioners shall appear before the trial court on every

date of hearing until further orders and shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

In the event they fail to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel their bail automatically without reference to this

court.

The application for bail, thus, stands allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)