1

13.03.2019

Item No.15
Court No.16
AP
CRM 2567 of 2019

Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 28th February, 2019 in connection with Maynaguri Police
Station Case No.217/2018 dated 31.05.2018 under Sections
498A/302/201 of the Indian Penal Code.

And

In Re: Nitai Sarkar
…Petitioner

Mr. Subir Debnath
Mr. Soham Banerjee
… For the Petitioner

Mr. Angshuman Chakraborty
… For the State

The petitioner seeks bail in connection with Maynaguri Police Station

Case No.217/2018 dated 31.05.2018 under Sections 498A/302/201 of the

Indian Penal Code.

The petitioner is the husband of the victim who died ten years after

her marriage. The petitioner claims to be in custody for nearly 290 days.

The State refers to the statement of a daughter of the victim recorded

under Section 164 of the Code. Such statement does not throw any light on

the incident but reveals the child’s perception that her father and father’s

brother may have killed her mother. The body of the victim was found from

a nearby water-body and the post-mortem report reveals that the death was

due to strangulation.

2

However, there is nothing linking the petitioner herein to the

commission of the offence and the only ground that the State can cite is

that the petitioner and the victim were last-seen together.

It is not unnatural that a person may be seen with his spouse and, in

a manner of speaking, the last-seen theory is more relevant where the

relationship or connection between the victim and the person last-seen

together is distant or remote.

Considering the material against the petitioner there does not appear

any need for the petitioner to be detained any further. The charge-sheet has

been submitted, though the charges may not have been framed yet.

The petitioner will be released on bail upon furnishing a bond of

Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount,

to the satisfaction of the Chief Judicial Magistrate, Jalpaiguri on the

conditions that the petitioner will not intimidate any witness or tamper with

any evidence in any manner whatsoever and the petitioner will be obliged to

attend Court on the dates fixed for the trial.

In addition, the petitioner will not enter any place within the

jurisdiction of Maynaguri Police Station or attempt to enter the petitioner’s

house till the completion of the trial. This restriction will, however, not

stand in any way of the petitioner meeting the officer-in-charge of the

Maynaguri Police Station once a week till the trial is completed. The

petitioner will also not leave the State without the previous permission of

the officer-in-charge of the Maynaguri Police Station. The petitioner will
3

indicate the petitioner’s temporary place of residence before being enlarged

on bail.

In the event the petitioner violates any of the conditions indicated

above, the trial court will be at liberty to cancel the bail without reference to

this Court.

The prayer for bail is allowed, subject to the conditions stated above.

Certified photocopies of this order, if applied for, be supplied to the

parties upon compliance with all requisite formalities.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)