BHOLA NATH DAS Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against the order dated 11/04/1989 passed by the learned Sessions Judge cancelling the bail of the accused/ petitioners granted by the learned Sub-Divisional Judicial Magistrate, Sadar, Midnapore in a proceeding u/Ss.306 / 498-A of the Penal Code.

(2.) Shortly stated, the facts are that the de facto complainant lodged a First Information Report before the Kotwali Police Station on 24/11/1988 against the accused/ petitioners and their sons and daughters on the allegations that his daughter Bijoli Pali alias Ranu was married to Pradip, son of the accused/petitioners after payment of dowry. But the demand for dowry continued and for this purpose torture was meted out on Bijoli by the accused/ petitioners and their sons and daughters as well as the husband of the said Bijoli. The factum of such torture was divulged by her to her friends and others. On the night of 23/11/1988, at about 2 p.m. the defacto /complainant came to know that his daughter Bijoli was transferred to the Sadar Hospital. Immediately he rushed there and found her dead. Enquiries at her matrimonial home did not reveal anything as such he suspected foul play and lodged the complaint which was treated as the FIR on the allegation that his daughter was forced to put an end to her life as a sequel to the torture from the inmates of the house of her in-laws.

(3.) Apprehending arrest the accused/petitioners along with their two daughters Swapna, Supriya and their two sons Tarun and Pradip applied for anticipatory bail before the learned Sessions Judge, Midnapore in connection with the instant case which was registered as Criminal Misc. Case No. 1153 of 1988.