AMARESHWAR SAHAY, J. - (1.) BY the Court. -The Vigilance Cell of this Court received a letter written by Smt. Tuku Banerjee, wherein it was prayed to probe as to how her accused -husband was granted bail by the S.D.J.M. Dhanbad. She stated that she had lodged a complaint before the Court of the Chief Judicial Magistrate, Dhanbad against her husband Sandeep Banerjee, father -in -law Magaram Banerjee and Mother -in -law Malati Banerjee for commission of the offence under Sections 498 -A Indian Penal Code and 3/4 of the Dowry Prohibition Act. In the said case cognizance has also been taken under the aforesaid sections of the Indian Penal Code. After the cognizance the accused Sandeep Banerjee appeared and he was released on bail by the SDJM.
(2.) PURSUANT to the said letter, a report was called for from the District Judge, Dhanbad by the Vigilance Cell. After perusal of the report of the District Judge, the matter was referred to the judicial side to determine whether the bail granted to the accused Sandeep Banerjee (husband of the complainant) be cancelled or not. Accordingly, the present criminal writ was registered. By order dated 9/11/2004 the complainant -wife as well as the accused -husband were noticed. Both the parties appeared through their respective counsels and filed their respective affidavits.
(3.) FROM the statements made in the affidavit filed on behalf of the complainant Smt. Tuku Banerjee, it appears that she has alleged that she was married to the accused Sandeep Banerjee and because of the demand of dowry she was tortured and physically assaulted by her husband and the in -laws due to which she received several injuries and then ultimately, she left her matrimonial home on 09/03/2003. It was further alleged that her father had to pay an amount of Rs. 1,90,000.00 (Rupees one lakh ninety thousand only) by Bank Draft as dowry to her in -laws. The husband thereafter, filed Matrimonial Suit No. 23/03 on 10/03/2003 at Asansol with prayer to dissolve the marriage between the parties and for a decree for divorce. Accordingly, it was stated that Sandeep Banerjee the husband did not deserve to be released on bail and, therefore, the bail granted by the SDJM be cancelled.;