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Calcutta High CourtCRM (DB)/3191/2022rejected

Srimanta Patra v. State Of West Bengal

2022-09-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

21.09.2022.

21.

Ct.No.28 as (Rejected) C.R.M. (DB) 3191 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bishnupur P.S. Case No.17 of 2022 dated 07.02.2022 under Sections 498A/304(B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

In the matter of : Srimanta Patra.

... Petitioner.

Mr. Samiran Mandal, Mr. Abhinaba Dan.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Ms. Debjani Sahu.

...for the State.

Petitioner is in custody for 225 days. It is contended coaccuseds are on bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Demand of dowry was made by the petitioner-husband. Allegation of torture is primarily levelled against him. He does not stand on the same footing with the co-accuseds who have been enlarged on bail. Bail prayer of the petitioner was rejected earlier. Under such circumstances, we are not inclined to grant bail to the petitioner.

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

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)