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Sections 498A/302/34 Of The … vs Allowed on 9 December, 2019

1

09.12.2019
tkm/ct 28 C.R.M. 11556 of 2019
sl no. 213
In Re : An application for bail under Sectionsection 439 of the Code of Criminal Procedure filed
on 6.12.2019 in connection with Suri P.S case no. 285 of 2019 dated 20.6.2019 under
Sectionsections 498A/Section302/Section34 of the Indian Penal Code
And
Allowed
In Re : Sunil Murmu Anr. …… petitioners

Mr. S Sarkar
…… for the petitioners

Mr. B Panda
Ms. P Saha
…… for the State

Heard the learned advocates appearing for the parties.

It is submitted on behalf of the petitioners that the incident occurred 15

years after marriage. Petitioner no. 1 is the husband of the victim housewife and

petitioner no. 2 is her brother in law. They are in custody for 152 days and

investigation is complete.

Learned lawyer for the State opposes the prayer for bail and submits that

the petitioner no. 1 intended to remarry and the victim was brutally murdered at

her matrimonial home. Both the accused persons were present at the time of

occurrence.

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

motive and prima facie involvement of petitioner no. 1 in the alleged crime, we

are not inclined to grant bail to him at this stage.

However, in view of the extent of complicity of the petitioner no. 2 in the

alleged crime, we are inclined to grant bail to him.
2

Accordingly, the petitioner no. 2 released on bail upon furnishing a bond of

Rs. 10,000/- with two sureties of like amount each, one of whom must be local to

the satisfaction of the learned CJM, Birbhum at Suri on condition that he 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 he fails to appear before the trial court without justifiable

cause, the trial court shall be at liberty to cancel his bail automatically without

reference to this court.

The application being CRM 11556 of 2019 is disposed of.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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