C.R.M. 8438 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 19.09.2018 in connection with
Madhyamgram P. S. Case No. 412 of 2018 dated 01.08.2018
under Sections 498A/304B/34 of the Indian Penal Code and
Sections 3 / 4 of the Dowry Prohibition Act.
In the matter of : Kailash Majumder Anr.
Mr. Prasun Kumar Dutta,
Mr. Santanu Deb Roy,
Mr. Kaustav Chatterjee.
…for the Petitioners.
Mr. Neguive Ahmed,
Ms. Trina Mitra. …for the State.
Heard the learned Counsels appearing on behalf of the
It is submitted on behalf of the petitioners that they are the
in-laws of the victim housewife and are in custody for 62 days. It is
also submitted that the victim died due to accidental hanging and
was alive for about a month after being hospitalised. No dying
declaration of the victim was recorded.
Learned Advocate appearing for the State opposes the prayer
for bail and submits that the victim suffered unnatural death
within two months of her marriage.
We have considered the materials on record. It has been
stated in the medical admission record at page 46 of the Case
Diary that the victim suffered accidental hanging. The allegations
against the petitioners who are the in laws of the victim housewife
are general and omnibus in nature.
In view of the aforesaid facts and the period of detention
suffered by the petitioners, we are inclined to grant bail to the
Accordingly, the petitioners, namely, Kailash Majumder and
Anjali Majumder 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 Chief
Judicial Magistrate, North 24-Paraganas at Barasat subject to
condition that the 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 the petitioners fail to appear before the Trial
Court without any justifiable cause, the trial Court shall be at
liberty to cancel their bail in accordance with law without further
reference to this Court.
The application, being C.R.M.8438 of 2018, is disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)