Haralal Barman v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

27.01.2025.

Circuit Bench At Jalpaiguri Sl. No.12.

Ct. No. 1 SG [Rejected] C.R.M. (DB) 29 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No. 428/2024 dated 23.06.2024 under Sections 498A/304B of IPC.

And In the matter of : Haralal Barman.

... Petitioner.

Mr. Kunaljit Bhattacharjee, Mr. Haider Ali, Mr. Mrinmoy Chandra Laskar, Mr. Sayan Sinha, Mr. Alok Sah.

...for the petitioner.

Mr. Abhijit Sarkar, Mr. Dhiman Sil.

...for the State 1.

Petitioner is the husband. He contends he is in custody for 216 days. Investigation is complete. Co-accused sister-in-law has been granted bail. There is no possibility of trial commencing in the near future. Accordingly, he prays for bail.

2.

Learned Advocate for the State submits victim was tortured by petitioner-husband over demands of dowry. As a result, the victim suffered injuries on her wrist and head. Date has been fixed for examination of witnesses.

3.

We have considered the materials on record. Petitioner is the husband of the victim-wife. Statement of witnesses disclose petitioner and in-laws subjected the victim to torture

over demands of dowry. Petitioner was present at the place of occurrence. Post mortem report indicates apart from ligature mark victim suffered injuries on her wrist and occipital region of the head. This supports the prosecution case of physical assault prior to suicide. Co-accused sister-in-law does not stand on the same footing with the petitioner-husband. Date has been fixed for recording evidence.

4.

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

5.

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

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