Raju Majhi @ Maji v. State Of West Bengal

(AD) 22.03.2022 C.R.M. (DB) 782 of 2022 Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur P.S. Case No.171 of dated 14/07/2021 under Sections 498A/307/34 and added Section 304B/302 of the Indian Penal Code, 1860.

And (Rejected) In the matter of: Raju Majhi @ Maji ....petitioner.

Ms. Sananda Bhattacharyya ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Ms. Manasi Roy ... for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 179 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required.

Learned Advocate appearing for the State submits that this is the third application for bail. The first application was rejected on November 16, 2021. The second application was dismissed as not pressed on February 25, 2022. He refers to the materials in the case diary.

The first prayer for bail was rejected on November 16, 2021 after noticing the statements of the doctor and the nurse recorded under Section 161 of the Code of Criminal Procedure.

There is also a statement of the Investigating Officer recording the dying declaration of the victim.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that there is hardly any material change in circumstance subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner at this stage.

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

C.R.M. (DB) 782 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)