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Morjina Bibi @ Rumesha Bibi @ … vs Unknown on 16 April, 2020

130
16.04.2020
pg.
Allowed.
CRM 3028 of 2020
with
CRAN 1430 of 2020
(Via Video Conference)

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Ranitala P.S. Case No.723 of
2019 dated 06.12.2019 under Sections 498A/304B/34 of the Indian
Penal Code read with Sections 3/4 of the Dowry Prohibition Act.
.

And

In the matter of: Morjina Bibi @ Rumesha Bibi @ Siddika Bibi Anr.

….Petitioners

Mr. Debapriya Samanta
…for the Petitioners
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. N. Ahmed, Ld. A.P.P.,
Mr. S. Ahmed
…for the State

Petitioner undertakes to affirm and stamp the

petition/application as per Rules within 48 hours of resumption of

normal functioning of the Court. Subject to such undertaking, the

application is taken up for hearing through video conference.

We have heard the parties.

The petitioner no.1 is the mother of the petitioner no.2. They are

the mother-in-law and the husband of the victim respectively.

According to the petitioners, the victim committed suicide after

six years of marriage and they have been falsely implicated in this

case.

The application is vehemently opposed by Mr. N. Ahmed,

learned Additional Public Prosecutor. According to him, having regard

to the nature of the offence, the prayer for bail may be rejected.
2

Keeping in mind the fact that the death of the victim occurred

because of matrimonial dispute or otherwise six years after her

marriage and also having regard to the period of detention undergone

by the petitioner, we are inclined to grant interim bail in the present

case, however, subject to the following conditions.

Accordingly, the petitioners shall be released on interim bail on

personal bond to the satisfaction of the learned Judge in-charge,

Murshidabad subject to condition that the petitioners shall not

intimidate witnesses or tamper with evidence in any manner

whatsoever and on further condition that they shall stay at their

permanent residence and shall not move out of their residence without

the express permission of the Officer-in-charge of the police station

within whose jurisdiction they shall reside. Petitioners shall be

subjected to medical examination by the medical authorities attached

to the correctional home where they are presently lodged and shall be

released only upon issuance of a fit certificate by the said authorities.

The interim bail of the petitioners shall continue for a period of three

months or until further orders, whichever is earlier.

Let this matter appear for further hearing two months hence.

The application, being CRAN 1430 of 2020, is accordingly

disposed of.

Learned Judge in-charge, Murshidabad as well as all concerned

authorities shall act in terms of the copy of the order downloaded from

the official website of this Court.

(Md. Nizamuddin, J.) (Dipankar Datta, J.)

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