Shahir Miah v. The State Of West Bengal

09.06.2022 Calcutta High Court In the Circuit Bench at Jalpaiguri Ct. No. 01 Appellate Jurisdiction KAUSHIK Allowed C.R.M. (DB) 185 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 1071 of 2021 dated 05.11.2021 under Sections 498A/302/34 of the Indian Penal Code, 1860 read with Sections 3/ 4 of the Dowry Prohibition Act, 1961(chargesheet filed under Sections 498A/306/34 of the Indian Penal Code, 1860 read with Sections 3/ 4 of the Dowry Prohibition Act, 1961).

And In Re : Shahir Miah ...... petitioner Mr. Hillol Saha Poddar Ms. Mousumi Das .....for the petitioner Mr. Ujjwal Luksom Mr. Saikat Chatterjee Ms. Nomrota Das ....for the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that, the petitioner is in custody for 216 days. The police filed charge-sheet, inter alia, under Section 306 of the Indian Penal Code after conducting an investigation, inter alia, under Section 302 of the Indian Penal Code. The petitioner is the father-inlaw of the deceased. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the period of detention of the petitioner and considering the relationship with the victim and considering the fact that the police filed charge-sheet after conducting inquiry, inter alia, under Section 302 of the Indian Penal Code, we grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Coochbehar, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)