← Library
Calcutta High CourtCRM (DB)/4728/2023rejected

Biswanath Dey @ Danny v. State Of West Bengal

2023-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

21.12.2023 tkm/ct 28 C.R.M. (DB) 4728 of 2023 sl no. 99 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Krishnagar Kotwali PS case no. 576/22 dated 7.6.2022 under section 302 IPC And In Re : Biswanath Dey @ Danny ........ petitioner Mr. S Majumder ...... for the petitioner Mr. Swapan Banerjee Ms. Manasi Roy ...... for the State

1. It is submitted on behalf of the petitioner that the prosecution witnesses have not supported the case. He prays for bail.

2. Learned lawyer for the State submits petitioner had earlier attempted to murder his wife. Victim wife was murdered at the matrimonial home when her husband was present.

3. We have considered the material on record. Victim housewife had been murdered at the matrimonial home. Petitioner husband was present at the home. Incident occurred in the morning when ordinarily husband would be present in the house. He had earlier attempted to murder his wife.

4. Under such circumstances we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected.

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