Calcutta High Court (Appellete Side)
In Re:- Md. Anowar Ali @ Anwar Ali & Anr vs Re: An Application For Bail Under ... on 4 May, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 36 4.5.2017
C.R.M. No.3835 of 2017 p.d.
In re:- Md. Anowar Ali @ Anwar Ali & Anr. .... Petitioners.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 28.4.2017 in connection with Belghoria Police Station Case No.254/2017 dated 12.3.2017 under Sections 498A/304B/34 of the Indian Penal Code.
Mr. Sudip Guha ... For the petitioners.
Mrs. Sukanya Bhattacharyya, Mr. Mirza Firoje Ahamed Begg .... For the State. Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
The petitioners are the parents-in-law of the victim housewife and they are in custody for 52 days.
We find that it is the allegation that the victim committed suicide being unable to bear the physical and mental torture perpetrated upon her by her husband and the parents-in-law on her failure to bring dowry from her parents.
However, going through the post mortem report, which is at page-64 of the case diary, we do not find any marks of injury.
Now, having regard to such fact and considering the other materials collected during investigation and when no case is made out from the side of the State showing that further custodial detention of the petitioners is necessary, we allow their prayer for bail.
Let the petitioners be released on bail upon furnishing bond of Rs.10,000/- each with two sureties of Rs.5,000/- each for each of 2 the petitioners, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J. )