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Sabita Kundu vs Unknown on 27 February, 2019



RP 54
CRM 2199 of 2019

In Re : An application for bail under Section 439 of the
Code of Criminal Procedure in connection with
Gopalnagar Police Station Case No.652 of 2018 dated
20.11.2018 under Sections 498A/304B IPC.


In the matter of : Sabita Kundu
…. Petitioner

Mr. Soumyajit Das Mahapatra, Adv.
Mr. Surajit Basu, Adv.

Mr. Abdur Rakib, Adv.

….. For the Petitioner

Mr. S.G. Mukherjee, Ld. P.P.

Ms. Amita Gaur, Adv.

….. For the State

This is an application for bail under Section

498A/304B IPC.

The Learned Advocate for the petitioners submits that

the petitioner is the mother-in-law of the victim and she is in

custody for 99 days and charge sheet has already been


The learned lawyer for the State opposes the prayer for

bail and submits that marriage of the petitioner with the

victim was solemnized three years before, within which the

fateful incident took place and there is consistent allegation

of demand of dowry.

We have perused the case diary and the materials on

record including the case diary. Considering the fact that

charge sheet has already been submitted in connection with

the instant case and the period of detention of the petitioner,

we are inclined to grant bail to her.

Accordingly, we direct that the petitioner shall be

released on bail upon furnishing bond of Rs.10,000/-(

Rupees Ten Thousand only) with two sureties of like amount

each, one of whom shall be local, to the satisfaction of the

learned Additional Chief Judicial Magistrate, Bongaon on

condition that she shall not intimidate the witnesses and/or

tamper with evidence in any manner whatsoever and she

shall appear before the trial Court on every date of hearing.

In the event of violation of any of the above conditions,

the learned Court below shall be at liberty to cancel the bail

of the petitioner without further reference to this Court.

The prayer for bail of the petitioners is allowed and

CRM 2199 of 2019 is thus disposed of.

Urgent Photostat certified copy of this order, if applied

for, be delivered to the learned Advocates for the parties,

upon compliance of all formalities.

(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)

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