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Sabitri Sutradhar @ Sabitri … vs Unknown on 13 March, 2019

54 13.3.2019
C.R.M. 2724 of 2019

In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 05/3/2019 in connection with
Palashipara P.S. Case No.261 of 2018 dated 16/12/2018 under
Sections 498A/304B/34 of the Indian Penal Code.

gd And

In the matter of: Sabitri Sutradhar @ Sabitri Mistri @
Sabitre Sutradhar.

….petitioner.

Mr. Atis Kumar Biswas
Mr. Amit Singh
…for the petitioner.

Mr. Rana Mukherjee
Ms. Sukanya Bhattacharya
…for the State.

The petitioner is the mother-in-law of the victim who committed

suicide within two and a half years of her marriage.

The story spun by the petitioner is that the son and the daughter-in-

law were not getting along and the parents of the daughter-in-law had been

called for the purpose of reconciliation. The version of the victim’s parents is

quite different. According to the victim’s parents, the persistent demands of

additional dowry by the petitioner and her son prompted the victim’s parents

to come and plead for some more time so that they could arrange for more

money to ensure the well-being of their daughter.

The State relies on the statements of neighbours indicating the

persistent demands for dowry made by the petitioner and her son and the acts

of torture inflicted on the victim by such persons.

Since the victim committed suicide within three years of her marriage,

there is a statutory presumption. As of now, there is nothing to rebut such

presumption, though the more appropriate stage therefor is the trial.

Considering the material against the petitioner, there can be no

sympathy for the petitioner where the court may fall for the petitioner’s

advanced age or failing health. The petitioner should have considered all such

aspects when the petitioner was involved in the business of seeking to procure

more money based on the accidental fact that the petitioner had given birth to

a son rather than a daughter.

CRM 2724 of 2019 is rejected.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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