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Penal Code And Section 4 Of The … vs In Re:- Bhagyadhar Maity on 31 August, 2017

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17 31.8.2017

C.R.M. No.8202 of 2017
p.d.

Re: An application for bail under Section 439 Cr.P.C. filed on 18.8.2017 in connection with
Chandipur Police Station Case No.120/2015 dated 26.5.2015 under Sections 498A/302/304B of the Indian
Penal Code and Section 4 of the Dowry Prohibition Act.

-And –

In re:- Bhagyadhar Maity …. Petitioner.

Mr. Angshuman Chakraborty,
Mr. Shashanka Shekhar Saha … For the petitioner.

Mr. Binoy Kumar Panda,
Mrs. Puspita Saha …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is in custody for about 713 days and charge

sheet has already been submitted.

It is submitted by the learned Advocate appearing for the

petitioner that the petitioner is the father-in-law of the victim housewife.

It is alleged that though the charge sheet has been submitted on

November 30, 2015 but there is no further development in the matter,

except the submission of the charge sheet.

Our attention has been drawn by the Learned State Advocate

towards the statement of the victim housewife as also the dying

declaration of the victim housewife recorded in presence of the

concerned attending Doctor.

On perusal of the materials available from the case diary,

including the aforesaid dying declaration of the victim housewife

implicating the petitioner and the mother-in-law as also considering the

fact that the mother-in-law of the victim housewife is still absconding, we
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are not inclined to allow the petitioner’s prayer for bail at this stage and

accordingly, this application for bail stands rejected.

It is a matter of surprise that though by an order dated November

15, 2016, a Co-ordinate Bench of this Court directed the learned trial

court for taking steps for commitment of the case, there is no further

development in the matter.

So, the learned court below is directed to take steps for

commitment of the case preferably within September 20, 2017 and

thereafter to proceed with the trial expeditiously in accordance with law.

Let this order be communicated to the court of the learned Chief

Judicial Magistratre, Purba Medinipur by a special messenger of this

Court at the cost of the petitioner, to be deposited within September 4,

2017.

(Debasish Kar Gupta, J.)

(Amitabha Chatterjee, J. )

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