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Judgments of Supreme Court of India and High Courts

Of The Dowry Prohibition Act. … vs In Re: Saju Bibi @ Sajura Bibi & Ors on 12 July, 2018

1

12.07.18

Sl. No.42
akd
[ALLOWED]
C. R. M. 3680 of 2018

In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
11.06.2018 in connection with Kotwali Police Station Case No. 970 of 2017 dated
11.11.2017 under Sections 498A/304B/302/34 of the Indian Penal Code and Section 3/4
of the Dowry Prohibition Act. (G.R. Case No. 3756 of 2017)

And

In Re: Saju Bibi @ Sajura Bibi Ors.

… … Petitioners

Mr. Shiladitya Sanyal .. Sr. Advocate
Mr. Sandip Chakraborty .. Advocate
Mr. Anindya Bose .. Advocate
… … for the petitioners

Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor
Mr. Partha Pratim Das .. Advocate
… … for the State

The petitioners are seeking bail in connection with a case relating to offences

punishable under Sections 498A/304B/302/34 of the Indian Penal Code and Section 3/4

of the Dowry Prohibition Act.

It is submitted on behalf of the petitioners that they are in custody for about 48

days and that they have been falsely implicated in the instant case.

Learned Counsel for the State produces the case diary and opposes the prayer

for bail.

Having considered the materials in the case diary and bearing in mind the

nature of allegations and the period of detention suffered by the petitioners, we are of the

opinion that further detention of the accused/petitioners is not necessary.
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Therefore, the accused/petitioners, namely (1) Saju Bibi @ Sajura Bibi, (2)

Masiruddin Khan @ Moniruddin Khan (3) Karsuma Khatun, be released on bail

upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two

sureties of like amount each, one of whom must be local, to the satisfaction of the learned

Chief Judicial Magistrate, Paschim Medinipur subject to condition that the said 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 they fail to appear before the trial court without justifiable cause, the

trial court shall be at liberty to cancel their bail automatically without reference to this

court.

The application for bail, thus, stands allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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