C.R.M. 3082 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 12/3/2019 in connection with
gd Domjur P.S. Case No.107 of 2019 dated 14/2/2019 under
Sections 498A/306/34 of the Indian Penal Code read with
Sections 3/4 of the Dowry Prohibition Act.
In the matter of: Sandhyarani Santra Ors.
Mr. Somnath Mukhopadhyay
Mr. Sarjati Dutta
Mr. Jayanta Mukherjee
…for the petitioners.
Ms. Zareen N. Khan
Ms. Trina Mitra
…for the State.
The petitioners seek bail in connection with Domjur P.S. Case No.107
of 2019 dated 14/2/2019 under Sections 498A/306/34 of the Indian Penal
Code read with Sections 3/4 of the Dowry Prohibition Act.
The petitioners are the close relatives of the husband of the victim
who has committed suicide within a few years of her marriage.
The State refers to the statements of the neighbours at the
matrimonial home to the effect that the petitioners would inflict severe torture
on the victim to pursue their demands for dowry. The State has also relied on
a suicide note where the victim did not name any one in particular.
Considering the material against the petitioners and the cause of
death of the victim, there may not be any need to detain the petitioners any
further at this stage. In the event the petitioners are convicted, they will
suffer the sentence; but on the basis of the material now available, the further
detention of the petitioners is not called for.
Accordingly, the petitioners shall be released on bail upon furnishing
a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of
like amount, to the satisfaction of the Chief Judicial Magistrate, Howrah on
the conditions that they shall not intimidate the witnesses or tamper with the
evidence in any manner whatsoever and they shall appear before the trial
court on every date of hearing.
In the event of violation of any of the conditions, the trial court will be
at liberty to cancel the bail without reference to this Court.
The prayer for bail is allowed, subject to the conditions stated above.
Certified photocopies of this order, if applied for, be supplied to the
petitioners upon compliance with all requisite formalities.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)