1 21 22.3.2017
pd. C.R.M. No. 2294 of 2017
In re:- Sushil Kumar Dutta … Petitioner.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 17.3.2017 in connection
with English Bazar P.S. Case No.400/2016 dated 23.5.2016 under Sections 498A/302/34 of the Indian
Mr. Niladri Shekhar Ghosh,
Mr. Kalidas Saha … For the petitioner.
Mr. S.G. Mukherjee, P.P.,
Mrs. Faria Hossain …. For the State.
Heard the learned Advocates appearing on behalf of the
parties. Perused the Case Diary.
The petitioner is the husband, who is in custody for 287 days.
According to the case of the prosecution, on being assaulted
by the petitioner and the stepson, the victim housewife was killed.
The learned Counsel for the State in this regard draws our
attention to the statements of the neighbouring people from the case
Earlier, the petitioner’s prayer for bail was once rejected by a
Co-ordinate Bench of this Court on merit.
Now, considering the nature of the allegations and the
materials collected in support of the same, in our opinion, this is not a
fit case for bail.
Accordingly, the application for bail stands rejected.
We have been informed that since the other co-accused are
absconding, the case against the petitioner could not have been
Accordingly, we direct the learned court below that if within
coming two months, the police is not able to apprehend the other co-
accused persons, then in that case, to immediately split up the case of
the present petitioner from that of the absconding accused and
thereafter to commit the case to the court of sessions by taking
recourse to Section 299 of the Code of Criminal Procedure.
Office is directed to communicate this order to the court below at
(Ashim Kumar Roy, J.)
(Malay Malay Banerjee, J.)