Mokbul Hossain@ Maqbul Hossen v. State Of West Bengal

14.12.2020 Sl. No.57 akd [Rejected] C. R. M. 10305 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.12.2020 in connection with Kumarganj Police Station Case No. 101 of 2020 dated 07.07.2020 under Sections 498A/304B/302 of the Indian Penal Code. (G.R. Case No.588 of 2020) And In Re: Mokbul Hossain @ Maqbul Hossen ... ... Petitioner Ms. Busra Khatoon .. Advocate ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor Mr. Aniket Mitra .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 157 days. It is further submitted that there is delay in lodging FIR.

Learned advocate appearing for the State opposes the prayer for bail and submits that the victim-housewife was manually strangulated at the matrimonial home within one month of marriage. There are materials on record to show that the victimhousewife suffered homicidal death within one month of marriage. No explanation is forthcoming from the petitioner i.e. her husband who was ordinarily residing with her with regard to circumstances relating to the homicidal death. In view of the gravity of the offence and prima facie involvement of the petitioner herein, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage. The application for bail is thus rejected.

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