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99 14.05.2018
Aloke Court 28 C.R.M. 2620 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11.05.2018 in connection with
Raniganj P.S. Case No. 33 of 2018 dated 20.01.2018 under
Sections 498A/304B/34 of the Indian Penal Code.
And
In the matter of : Kalyani Hembram @ Maji Anr.
Ms. Minoti Gomes
Mr. Apurba Kr. Datta
… for the Petitioners
Mr. Saswata Gopal Mukherjee, ld. P.P.
Mr. P.P. Das.
Partly … for the State
Allowed
It is submitted on behalf of the petitioners that
petitioner no. 1 is the mother-in-law of the victim girl and
petitioner no. 2 is the sister-in-law of the said victim and is aged
about 19 years and is a student.
Learned counsel appearing for the State opposes the
prayer for bail.
Having considered the materials in the case diary we
find that the victim suffered unnatural death within one year of
her marriage and in view of the prima facie involvement of the
petitioner no. 1 in the alleged torture, we are not inclined in
granting bail to petitioner no. 1 at this stage. However, keeping
in mind the age and the status of petitioner no. 2 who is a young
girl student, we are inclined in granting bail to petitioner no. 2.
Accordingly, we direct that the petitioner no. 2, Manika
Hembram @ Maji shall be released on bail upon furnishing bond
of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of
like amount, one of whom shall be local, to the satisfaction of
the learned Additional Chief Judicial Magistrate, Asansol, on
condition that petitioner no. 2 shall not intimidate witnesses or
tamper with evidence in any manner whatsoever or commit the
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similar offence in future.
In the event the petitioner no. 2 fails to appear before
the trial court without justifiable reason, the trial court shall be
at liberty to cancel her bail without further reference to this
Court.
The application for bail of petitioner no. 2, Manika
Hembram @ Maji is allowed and the application for bail of
petitioner no. 1, Kalyani Hembram @ Maji, is rejected.
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.)
