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Judgments of Supreme Court of India and High Courts

Under Sections 498A/302/34 Of The … vs In Re : Biswajit Mahapatra on 19 December, 2019



C.R.M. 11924 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 16.12.2019 in connection with
Bhagwanpur Police Station Case No. 224 of 2017 dated 22.08.2017
under Sections 498A/Section302/Section34 of the Indian Penal Code.

In Re : Biswajit Mahapatra …. petitioner

Mr. Arup Kumar Bhowmick
….for the petitioner

Mr. S. G. Mukherjee, learned P.P.,
Mr. Partha Pratim Das
….. for the State

Petitioner is in custody for 123 days and renews his prayer for


Learned Counsel appearing for the State opposes the prayer

for bail and refers the statement of the deceased at page nos. 41 and

42 of the case diary.

We have considered the materials on record including the

aforesaid declaration of the deceased in the light of the statements of

her minor child with regard to the role of the petitioner in setting the

housewife on fire.

Accordingly, we are of the opinion that the petitioner does not

stand on the same footing with the co-accused persons who have

enlarged on bail and this is not a fit case to grant bail to him at this


The application for bail is, thus, rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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