KRISHNAPADA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application under section 4.39 Cr. PC for granting bail filed by the accused-petitioner, Shri Krishnapada Das, in connection with Women's P.S. Case No. 09 of 2007 under sections 498(A)/307/34/120(B) I.P.C.

(2.) The prosecution case, in short, is that the wife of the accused-petitioner, Smt. Anju Paul (Das), filed a complaint petition before the court of the CJM, Agartala, West Tripura on 16.1.2007 with an allegation of mental and physical torture upon her, with demand of dowry and, also other allegations against her husband, i.e. the present accused-petitioner and two others who are her elder brother-in-law, namely, Narayan Chandra Das and her maid servant, Smt. Gita Debnath. The wife of the accused-petitioner also alleged in her complaint petition that her husband used to maintain illicit relation with the said maid servant, Smt. Debnath, and while she raised objection, she was mentally and physically harassed and subsequently on several occasions, the accused-petitioner and his elder brother, demanded money to be brought from her father's house and ultimately on 28.12.2006 her husband and elder brother-in-law and the said maid servant tried to commit murder her with the help of gas oven. She also alleges that the elder brother in-law of her, who was in Judicial Service and presently retired from service, took the advantage of his official position and used to instigate to do such activities by the present petitioner, i.e., the husband of the complainant wife. Narrating the aforesaid facts, the wife of the accused-petitioner, Smt. Anju Paul (Das), lodged a written complaint before the CJM, West Tripura, who, in exercise of his power under section 156(3) of Cr.PC, sent the same to the Women's Police Station, Agartala, for registering the said complaint as a Police Case and to investigate it. Accordingly, the authority of women's police station registered the same as Women's Case No. 09/07 under section 498(A)/307/34/120(B) of I.P.C.

(3.) In connection with the aforesaid P.S. Case, the present accused- petitioner was arrested by the police on 20.1.2007 and produced before the CJM's Court and the said court remanded the accused-petitioner to the judicial custody till 3.2.2007 and again he was remanded to the jail custody till 17.2.2007, after rejecting the bail applications filed by the petitioner and since then the accused-petitioner has been in judicial custody.