Rakhi Das v. State Of West Bengal

22.02.2024.

22.

Ct.No.28 as (Rejected) C.R.M. (DB) 454 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Suti P.S. Case No.593 of 2023 dated 04.10.2023 under Sections 120B/302 of the Indian Penal Code read with Sections 25/27 of the Arms Act.

In the matter of : Rakhi Das.

... Petitioner.

Mr. Arindam Jana, Mr. Baibhav Roy, Mr. Arhan Sengupta, Mr. Partha Pratim Sinha, Mr. Arkadeb Biswas.

...for the Petitioner.

Mr. Debashis Roy, ld. P.P.

Mr. Amanul Islam.

...for the State.

1.

Petitioner is in custody for 140 days. She is the wife of the deceased. She contends she had no role to play in the murder of her husband. She is the mother of three children. Accordingly, she prays for bail.

2.

Learned Public Prosecutor opposes the bail prayer. He contends petitioner had developed extra marital relationship with one Soumen. She became pregnant and the pregnancy was terminated by her husband. This infuriated her and she entered into conspiracy with her paramour to murder her husband. Soumen transferred money to co-accused Ajijul who murdered the victim.

3.

We have considered the materials on record. Petitioner had extra marital relationship with Soumen. She had become

pregnant. The pregnancy was terminated at the behest of her husband. She was infuriated and had motive to commit the crime. These materials prima facie show her involvement in the conspiracy to murder her husband.

4.

In view of the aforesaid incriminating materials and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)