Calcutta High Court (Appellete Side)
498A/304B/120B/201/34 Of The I.P.C vs In The Mater Of:- Lutfornesa Mallick @ ... on 21 February, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
02.2011 CRM No. 779 of 2011 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 24th January, 2011 in connection with Dhubulia P.S. Case No. 347/10 dated 8.9.2010 under Sections 498A/304B/120B/201/34 of the I.P.C.
And In the mater of:- Lutfornesa Mallick @ Sona Bibi & Ors.
Petitioners
Mr. Prabir Majumder for the petitioners
Mr. Abhijit Audhya for the State
Leave is granted to correct the cause title. Heard the learned Counsel appearing on behalf of the petitioners as well as the learned Counsel appearing on behalf of the State. Perused the case papers.
The petitioners who are happened to be the mother-in-law, husband and brother-in-law of the deceased house-wife have moved this court for bail on being arrested in connection with a case relating to the offences punishable under Sections 498A/304B/120B/201/34 of the I.P.C.
It is submitted by the learned Counsel appearing on behalf of the petitioners that already charge-sheet has been submitted and investigation is over and they are in custody for more than 164 days. It has further been submitted that the petitioner no. 3 is going to appear in Madhyamik Examination which is scheduled to be held on 23rd of February, 2011.
Having gone through the case papers and considering the other materials on record, more particularly, the allegation in the light of the post mortem report, in our opinion, the petitioners' prayer for bail may be considered favourably. The petitioners have 2 deep roots in the society and not likely to abscond. Accordingly, prayer for bail is allowed.
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 and shall not commit any offence while on bail or tamper with the prosecution case.
The application is, thus, disposed of.
Considering the fact that Madhyamik Examination of petitioner no. 3 is to be commenced from 23rd of February, 2011, office is directed to supply the urgent certified copy of the order to the learned Counsel of the petitioners in course of today.
(J. N. Patel, Chief Justice) (Ashim Kumar Roy, J.)