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Calcutta High CourtCRM/10719/2020rejected

Mrinmoy Debnath v. State Of West Bengal

2021-01-06Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Subhasis Dasgupta3 pages

06.01.2021 Item no. 3 Ct.5 CHC Rejected C.R.M. No.10719 of 2020 (Physical Hearing) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Ganga Sagar Coastal Police Station Case No. 99 of 2020 dated 04.08.2020 under Sections 498A/302/34 of the Indian Penal Code. And In the matter of:- Mrinmoy Debnath ... Petitioner Mr. Partha Sarathi Mondal .. for the petitioner Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Partha Pratim Das, Mrs. Manasi Roy ..for the State This is to consider the prayer for bail.

Learned advocate, Mr. Partha Sarathi Mondal proposes for granting bail to petitioner on the ground of long detention in custody for last five (05) months.

It is submitted that the husband/petitioner has been falsely implicated in this case.

Learned Additional Public Prosecutor raises strong objection against prayer for bail submitting that the victim suffered death

within one month after her marriage receiving torture, cruelty and oppression together with non satisfaction of post marital demand. Our attention is drawn to the statement of neighbours, shown in pages 34, 35, 36 and the Post Mortem Report. Having considered the materials already collected in the C.D. and the submissions of the both sides and bearing in mind the seriousness of the offence, which had occurred just about one month after marriage of victim, we are not persuaded to grant bail to the petitioner at this stage.

The prayer for bail of the petitioner stands refused. C.D. be returned.

CRM 10719 of 2020 stands disposed of.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

Urgent Xerox certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Subhasis Dasgupta, J.) (Subrata Talukdar, J.)