C.R.M. 9206 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 09.10.2018 in connection with
Jalpaiguri Woman P.S. Case No.67 of 2018 dated 05.07.2018
under Sections 498A/302/34 of the Indian Penal Code.
In the matter of : Rabi Saha.
Mr. Pravas Bhattacharyya.
…for the Petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mr. Partha Pratim Das
…for the State.
Heard the learned Counsels appearing on behalf of the
It is submitted on behalf of the petitioner that he is in
custody for about 96 days and it is also submitted that the
investigation is complete. It is further submitted that the
housewife committed suicide nine years after marriage.
Learned Public Prosecutor appearing for the State opposes
the prayer for bail.
We have considered the materials on record. We find that the
allegations are general and omnibus in nature. We also note that
the statutory presumptions under Sections 113A and 113B of the
Evidence Act are not attracted to the facts of the case.
Under such circumstances and keeping in mind the period of
detention suffered by the petitioner, we are inclined to grant bail to
Accordingly, the petitioner, namely, Rabi Saha shall be
released on bail upon furnishing a bond of Rs.10,000/- with two
sureties of like amount each, one of whom must be local, to the
satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri
subject to condition that the petitioner shall appear before the trial
court on every date of hearing until further orders and shall not
intimidate witnesses or tamper with evidence in any manner
In the event the petitioner fails to appear before the Trial
Court without any justifiable cause, the trial Court shall be at
liberty to cancel his bail in accordance with law without further
reference to this Court.
The application, being C.R.M.9206 of 2018, is disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)