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6 20.09.2018
AB Court 28
C.R.M. 8001 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Adra P.S. Case No.52 of
2018 Dated 28.06.2018 under Sections 498A/304B/302/34 of
the Indian Penal Code read with Sections 3/4 of the Dowry
Prohibition Act
And
In the matter of : Jhuma Bauri
…Petitioner.
Mr. S. Chakraborty,
Mr. Vivekananda Bauri,
Mr. B. Dutta …for the Petitioner.
Mr. S. G. Mukherjee, Ld. PP,
Ms. Amita Gaur …for the State.
It is submitted on behalf of the petitioner that she is in
custody for 82 days and that investigation is complete. It is
further submitted that she is the sister-in-law of the victim
housewife and did not play any role in the matrimonial life of the
couple.
Learned Public Prosecutor appearing for the State
opposes the prayer for bail and submits that the petitioner along
with others had subjected the victim to torture upon demands of
dowry and the victim suffered death due to manual
strangulation.
We have considered the materials on record and we find
that the torture arose over demand of a motorcycle presumably
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for the accused husband who is in custody. Keeping in mind the
extend of complicity of the petitioner in the alleged crime and the
period of detention suffered by her and that investigation is
complete, we are of the opinion that further detention of the
petitioner may not be necessary.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/-(Rupees
Ten Thousand only) with two sureties of like amount each, one
of whom shall be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Raghunathpur on
condition that she shall appear before the trial court on every
date of hearing and shall not intimidate witnesses nor tamper
with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the trial
court, the trial court shall be at liberty to cancel her bail without
further reference to this Court.
The application for bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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