Jiban Barman @ Jibon Barman v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 18.08.2023 Court No.1 Item. 22 (Suvendu) CRM(DB) 454 OF 2023 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Kotwali Police Station Case No. 945 of 2022 dated 21.08.2022 under Sections 498A/ 302/ 304B/ 34 of the IPC. And In the matter of: Jiban Barman @ Jibon Barman . .. . . . . .Petitioner.

Mr. Hillol Saha Podder For the Petitioner.

Mr. Tapan Bhattacharjee Mr. Subhasish Misra For the State.

1.

Petitioner is the husband of the deceased victim who died within one year from her marriage to the petitioner. 2.

Although learned counsel appearing for the petitioner submits that there are no specific charges against the petitioner, we find that the same grounds was taken before the coordinate Bench on 1st February, 2023 and the coordinate Bench after considering the relevant facts including the case law cited was pleased to reject the prayer for bail.

3.

The petitioner has been in custody for about an year but charges have not been framed till date. We are also informed that there are 12 proposed witnesses.

4.

Learned counsel appearing for the State submits that the next date has been fixed on 24th August, 2023 for production of one of the witnesses.

5.

Considering the charges against the petitioner, we are not inclined to grant bail.

6.

We however expect that the trial will commence and continue as expeditiously as possible.

7.

CRM(DB) 454 of 2023 is accordingly rejected and disposed of in terms of the above.

(PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA,J.)