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Suraiya Bibi @ Suriya Bibi vs Unknown on 24 December, 2019




C.R.M. 12268 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 18.12.2019 in connection with Nanoor
P. S. Case No.50 of 2019 dated 02.03.2019 under Sections
498A/Section325/Section326/Section307 of the Indian Penal Code and adding Sections
3 / 4 of the D. P. Act and adding Section 302/Section304B of the Indian
Penal Code.

In the matter of : Suraiya Bibi @ Suriya Bibi.

…. Petitioner.

Mr. Soumik Ganguly,
Mr. Dilip Kr. Sadhu,
Mr. Avik Das.

…for the Petitioner.

Mr. Rana Mukherjee,
Mr. Santanu Chatterjee.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioner that she is the

mother-in-law of the victim housewife. She renews her prayer for

bail. She is in custody for about 153 days.

Learned Advocate appearing for the State opposes the prayer

for bail.

We have considered the materials on record including the

statement of the minor child of the deceased recorded under Section

164 of the Code of Criminal Procedure. Primary allegation is against

the brother-in-law of the victim housewife who set the victim on fire.

Keeping in mind the extent of complicity of the petitioner in the

alleged crime and the period of detention suffered by her, we are

inclined in granting bail to the petitioner.

Accordingly, the petitioner shall be 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

Additional Chief Judicial Magistrate, Bolpur, Birbhum subject to

condition that the petitioner 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 the petitioner fails to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel her bail in accordance with law without further reference to

this Court.

The application, being C.R.M.12268 of 2019, is disposed of.

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

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