Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Dhiren Halder & Anr. - on 21 September, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
36. 21-09-11
CRM No. 8288 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 01.09.2011 in connection with Uluberia P.S. Case No. 344/2011 dated 09.04.2011 under Sections 498A/302/34 of the Indian Penal Code.
And In the matter of : Dhiren Halder & anr. - petitioners Mr. Subir Ganguly ... for the petitioners Mr. Debasish Roy, ld. P.P. ... for the State Heard the learned Counsel appearing for the parties. Perused the case papers.
The petitioner no. 1 is the husband of the victim housewife who is in custody for about 166 days while the petitioner no. 2 is his elder brother who is in custody for about 53 days. In this case, both the petitioners along with others have been charge-sheeted under Sections 498A/302/34 of the Indian Penal Code. It is the case of the petitioners that she died a natural death.
We have gone through the post mortem report wherefrom we find that, according to the autopsy surgeon, cause of death is due to brain hemotoma - cerebral and the final report is pending awaiting C.A.'s report. No other external injury was found in the dead body.
Considering the above fact and the attending circumstances, we are inclined to allow the petitioners' prayer for bail.
Let the petitioners be released on bail upon furnishing P.R. Bond of Rs. 10,000/- each with one surety of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Uluberia. 2 They shall not tamper with the prosecution case and shall not commit any offence while on bail.
The application for bail is, thus, disposed of.
(J. N. Patel, Chief Justice.) (Ashim Kumar Roy, J.)