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11.09.2018
Item no. 38
Ct. No.34
CHC
Allowed
C.R.M. No.7242 of 2018
In Re:- An application for bail under section 439 of the Code of
Criminal Procedure filed on 05.09.2018 in connection with
Kolaghat Police Station Case No. 90/2017 dated 22.03.2017 for
alleged offence punishable under Sections 498A/304B/34 of the
Indian Penal Code.
And
In Re:-
Mst. Hasina Bibi anr.
… Petitioners
Mr. Amal Krishna Samanta, Advocate
.. for the petitioners
Mr. Saswata Gopal Mukherjee, Ld. P.P.
Ms. Amita Gaur, Advocate
..for the State
The petitioners seek bail in connection with Kolaghat Police
Station Case No. 90/2017 dated 22.03.2017 for alleged offence
punishable under Sections 498A/304B/34 of the Indian Penal
Code.
These are the sister of the husband of the victim and wife of
the brother of the victim who claim not to have been involved in
the incident which led to death of the victim. The petitioners have
been in custody for 57 days.
The State produces the case diary and refers to the dying
declaration of the victim.
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Considering these petitioners’ involvement, based on such
dying declaration, there may not be any need for them to be
detained any further.
Accordingly, the petitioners are directed to 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 Chief Judicial Magistrate, Purba Medinipur on condition that
they shall not intimidate the witnesses or tamper with the evidence
in any manner whatsoever and he shall appear before the trial
court on every date of hearing and in the event he fails to do so,
the trial court shall be at liberty to cancel the petitioners bail
without further reference to this Court.
The application for bail is, accordingly, allowed.
A certified copy of this order be immediately made available to
the petitioners subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)
