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01.10.2018

.

42.
as
(Allowed)
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.

… Petitioners.

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

parties.

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.

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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

petitioners.

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.)
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