Jahiruddin Miya And ANR. v. State Of West Bengal

27.11.2020 sdas rejected CRM 7884 of 2020 (via video conferencing) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata P.S. Case No. 195 of 2016 dated 19.02.2016 under Sections 498A/302 of the Indian Penal Code.

And In the matter of: Jahiruddin Miya & Anr.

.....Petitioners.

Mr. Sudip Guha ...for the Petitioners.

Mr. S. G. Mukherjee, learned P.P.

Mr. P. P. Das ...for the State.

Learned Counsel appearing for the petitioners submit that they are the uncles-in-law of the victim housewife. They have been falsely implicated in the instant case.

Learned Public Prosecutor produces the case diary and submits that the principal accused has absconded to Bangladesh and is untraceable. Statements of the witnesses disclose that the petitioners were present with the principal accused at the matrimonial home of the victim where she was murdered.

We have considered the materials on record. There are prima facie materials disclosing involvement of the petitioners with the murder of the housewife. That apart, the principal accused has also absconded.

In view of the aforesaid facts and circumstances of the case, we are of the opinion that this is not a fit case to grant anticipatory bail to the petitioners.

The application for anticipatory bail is, thus, rejected.

Personal attendance of the investigating officer is noted and dispensed with. Case diary be returned.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)