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Calcutta High CourtCRM/651/2021dismissed

Santosh Barman v. State Of West Bengal

2021-07-15Hon,Ble Justice Subhasis Dasgupta,Hon'Ble Justice Harish Tandon2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 15.07.2021 Court No. 28 Item No. JB-02 nandy (Via Video Conference) (bail - rejected) CRM 651 of 2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 08.06.2021 in connection with Matigara Police Station Case No. 808 of 2019 dated 25.09.2019 under Sections 302/304B/498A/34 of the Indian Penal Code (G.R. Case No. 3334 of 2019) and In the matter of: Santosh Barman ...... Petitioner Mr. Deborshi Dhar, Advocate ...... for the Petitioner Mr. Aditi Shankar Chakraborty, Learned A.P.P. Mr. Aniruddha Biswas, Advocate ...... for the State Advocate-on-record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioner has filed the instant application for bail in connection with Matigara Police Station Case No. 808 of 2019 dated 25.09.2019 under Sections 302/304B/498A/34 of the Indian Penal Code.

The victim lady committed suicide by hanging within six months of her marriage. According to the petitioner who is the husband of the victim lady, there was no quarrel with her and she committed suicide voluntarily without any reason or rhyme and the petitioner is languishing in jail since one year nine months and eight days. Learned Advocate for the State opposes the prayer for bail. He

submits that the victim lady was subjected to torture on the pretext of dowry, which would be evident from the statement of the neighbours. After hearing the respective Counsel and on perusal of the materials available from the record, we do not think it a fit case where the petitioner should be released on bail at this stage. As such, the prayer for bail is rejected.

The application being CRM 651 of 2021 accordingly dismissed.

However, we request the trial Court to make efforts so that the case may progress and brought to its logical end at earliest. (Harish Tandon, J.) (Subhasis Dasgupta, J.)