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However, in practice, it was found that section has been misused to rope
the entire family members in the offence. The Apex Court in Monju Roy
v. State of W.B., (2015) 13 SCC 693 observed that possibility of naming
all the family members by way of exaggeration is not ruled out. Further in
Kans Raj [(2000) 5 SCC 207 that in their overenthusiasm and anxiety to
seek conviction for maximum people, the parents of the deceased have
been found to be making efforts for involving other relations which
ultimately weaken the case of the prosecution even against the real
accused as appears to have happened in the instant case. It was held
that mere naming of distant relations is not enough to summon them in
the absence of any specific role and material to support such role.
That Apex Court in Rakhal Debnath v. State of W.B., (2012) 11 SCC
347 observed that the father of the deceased cannot be expected to
inform everyone living around him about the unpleasant factum of the
daughter's embarrassing living condition in her matrimonial home and,
therefore, mere non-disclosure of those facts to others cannot be a
ground to disbelieve the version of said witness.
Normal rule is bail and not Jail which completely depends upon facts
and circumstance of each case.