CRM No.2714 of 2017
In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 30.03.2017 in connection with
Hariharpara Police Station Case No.558 of 2016 dated 12.11.2016
under sections 498A/323/325/302 of the Indian Penal Code.
In Re:- Seikh Abdul Latib @ Abdul Latif Sk.. .. Petitioner.
Mr.Kallol Kumar Basu
Mr.Debapriya Samanta … for the petitioner
Ms.Benzir Hasna … for the State.
Heard the learned advocates appearing on behalf of the
parties. Perused the case diary.
The petitioner is the husband. He is in custody for about 134
It is an admitted position that after the victim-housewife
remained at her parental home for four (4) days, she was removed to
the hospital and there she died three (3) days after her admission.
According to the post-mortem report, she died a homicidal
death and multiple injuries were found in her persons.
However, during the period of three (3) days, when she was
confined in the hospital, no attempt was made to record her dying
declaration as to how she sustained injuries, which resulted in her
We find from the admission report that at the time of her
admission, she was conscious, alert and responsive, but no
allegation has been made against the petitioner.
Having regard to above and when no case is made out from
the side of the State that even after submission of the charge-sheet,
the custodial detention of the petitioner is still necessary for the
purpose of investigation or if the petitioner is released on bail, he is
likely to abscond, the prayer for bail stands allowed.
Let the petitioner be released on bail to the satisfaction of the
learned Chief Judicial Magistrate, Murshidabad upon furnishing a
Bond of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of
whom must be local.
Accordingly, this application for bail is disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)