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Judgments of Supreme Court of India and High Courts

Raju Das vs Unknown on 10 April, 2019

1

Serial No.26.

April 10, 2019.

SG
Rejected
CRM 3150 of 2019

In Re. An application for bail under Section 439 of the
Code of Criminal Procedure.

In the matter of: Raju Das
… petitioner.

Mr Sayan De
Ms Srimoyee Mukherjee
… for the petitioner.

Mr S. Bhattacharya
Mr Arindam Sen
… for the State.

The petitioner seeks bail in connection with Gangapur Police
Station Case No.183 of 2018 dated December 16, 2018 under
Sections 498A/304B of the Indian Penal Code.

The petitioner is the husband of the victim who died within
nine months of her marriage.

The State opposes the prayer and says that there is credible
evidence of the victim being tortured at the matrimonial home for
further dowry.

The petitioner says that the post-mortem report does not
reveal any external injuries and it is inconceivable that the
petitioner, who is not a medical person, will carry out a perfect
murder where the victim dies but there is no injury to her person.

2

The post-mortem report reveals that the death was due to
intra-cranial haemorrhage. As to injuries, the post-mortem report
refers to “Extravasations of blood seen below the scalp over the
right temporal occipital area.”

Thus, it cannot be said that there was no injury evident from
the person of the victim and there was the injury to the right side of
the head. The nature of the injury is consistent with the cause of
death. Considering that there is no evidence of the victim having
suffered a fall and the effect that there are statements to the effect
that the victim was subjected to torture at the matrimonial home,
the petitioner cannot be shown any latitude or granted bail at this
stage.

CRM 3150 of 2019 is dismissed.

( Sanjib Banerjee, J. )

( Suvra Ghosh, J. )
3

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