Sk Martaza And ANR v. State Of West Bengal

30.09.2021 Item no. 59 Court No.32.

S.De.

(Rejected) (Via Video Conference) CRM 4650 of 2021 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.07.2021 in connection with Sagar Police Station Case No. 152 of 2020 dated 05.10.2020 under Sections 498A/304B/302/34 of the Indian Penal Code.

And In the matter of : Sk. Martaza & Another.

......Petitioners.

Mr. Anjan Bhattacharyya, Advocate, Mr. Partha Sarathi Mondal, Advocate, ......for the Petitioners.

Ms. Sukanya Bhattacharyya, Advocate, Mr. Nirupam Dhali, Advocate, ......for the State.

The petitioners renew their prayer for bail which was rejected on March 25, 2021 in CRM 1323 of 2021. Learned advocate for the petitioners says that he is not pressing the application for the petitioner no.1 who is the husband of the victim. The petitioner no.2 is the mother-inlaw of the victim who is about sixty-one years old. We have seen the material in the case diary including statements of neighbours recorded under Section 161 of the Code of Criminal Procedure. The statements specifically implicate the petitioners as having poured kerosene on the victim and set her on fire. There are also allegations of

regular torture having been meted out by the petitioners to the victim.

In view of the nature and gravity of the allegations and the prima facie incriminating material against the petitioners, although charge-sheet may have been submitted and the petitioners have been in custody for about one year, we are not inclined to entertain the petitioners' prayer for bail, at this stage.

CRM 4650 of 2021 is, accordingly, dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)