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Calcutta High CourtCRM(DB)/686/2024rejected

Sayan Kabir v. The State Of West Bengal

2024-12-05Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

05.12.2024 Ct. No. 01 SL No. 09 Cp Rejected CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (DB) No. 686 of 2024 In Re: - An application for bail under Section 483 of the B.N.S.S. 2023 in connection with Maynaguri Police Station Case No. 229/2024, dated 01.06.2024, under Sections 498A/494/304B/302/315/120B/34 of the IPC.

And In the matter of: Sayan Kabir ......petitioner.

Mr. Atindra Chowdhury ... for the petitioner Mr. Nilay Chakraborty Mr. Subhasis Mishra ...for the State Mr. Saikat Chatterjee Mr. P. Sarkar .....for the de facto complainant.

1. The petitioner is the husband of the victim. He prays for bail on the ground of prolonged incarceration. He is in custody for six months.

2. Learned advocate for the de facto complainant submits that there is a presumption that the husband administered poison. The incident allegedly occurred within five years from the date of marriage and she was seven months pregnant. The cause of death was administration of poison.

3. Learned advocate for the state State produces the case diary and opposes the prayer for grant of bail.

4. Considering the materials on record and the post mortem report, we are not inclined to grant the prayer for bail of the petitioner.

5. Accordingly, the prayer for bail is rejected at this stage.

6. The application for bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)