Rakibul Sk @ Rakibul Sekh v. State Of West Bengal
September 19, 2025 30 ARDR (Allowed) CRM (M) 1510 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Berhampore Police Station Case No. 488 of 2025 dated 10/3/2025 under Sections 103(1)/80(2)/85/3(5) of the BNS, 2023 and Sections 3/4 of the Dowry Prohibition Act. And In Re :
Rakibul Sk @ Rakibul Sekh ... Petitioner.
Adv. Sabir Ahmed, Adv. Somnath Adhikary, ... for the petitioner.
Adv. Bitasok Banerjee, Adv. Prakash Mishra, ... for the State.
The petitioner is in custody for more than 100 days and seeks parity with the co-accused who has been granted bail earlier. Learned counsel for the State opposes the prayer. I have considered the material on record.
The victim committed suicide in her matrimonial home within two years of her marriage. The petitioner is the husband of the victim. There are allegations of torture upon the victim by the petitioner and the members of his family. Whether such conduct of the petitioner can be said to be the proximate cause for commission of suicide by the victim shall be assessed at the appropriate stage of the proceeding. Charge sheet has been submitted. Further detention of the petitioner is not required. He may be released on bail. Accordingly, prayer for bail is allowed.
The petitioner namely Rakibul Sk @ Rakibul Sekh be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of
whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad at Berhampore subject to the condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
The application for bail is disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)