Subhankar Das v. State Of West Bengal

22.12.2023 tkm/ct 28 C.R.M. (DB) 4767 of 2023 sl no. 50 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No. 416 of 2023 dated 12.8.2023 under sections 498A/304B/302/34 IPC and sections 3/4 of the DP Act, And In Re : Subhankar Das ........ petitioner Mr. Sekhar Basu, Sr. Adv Mr. A Ganguly Ms. S Podder Mr. S Das ...... for the petitioner Ms. Faria Hossain Mr. M Mahata ...... for the State

1. Petitioner is in custody for 133 days. He submits he is the husband of the victim lady. Cause of death has not been determined. Incident occurred four years after marriage. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer.

3. We have considered the materials on record including the post mortem report. We have also examined the opinion of the post mortem doctor. Prima facie the case is one of strangulation. Incident occurred at the matrimonial home. Statements show petitioner-husband has subjected the victim housewife to torture. Apart from ligature mark there are multiple injuries on the victim. In view of the nature of evidence on record and gravity of offence we are not inclined to grant bail to the petitioner at this stage.

4. Accordingly, prayer for bail is rejected.

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