Mafij Miah vs State Of Tripura

Heard Mr. D. Datta, learned counsel appearing for the petitioner. Also heard Mr. Ratan Datta, learned P.P. appearing for the State-respondent.

This is an application filed under Section-438 of Cr. P.C. for granting pre-arrest bail of the accused petitioner, namely, Mafij Miah in connection with P. R. Bari P.S. Case No. 49 of 2020 under Sections 498(A)/325/306 of the IPC.

The allegation is that the wife of the brother of the petitioner had committed suicide by setting her ablaze. The deceased in the hospital had made a dying declaration that she was being teased by two brothers and the sister-in-law which had forced her to commit suicide.

Mr. Datta, learned counsel for the petitioner has submitted that the story is totally false and the declaration that she has given in the hospital, should not be believed for the reason that she set her ablaze in front of the villagers when a meeting was going on between the deceased and the members of the family including the petitioner.

Learned P.P. has produced the case diary and I have perused the same along with the dying declaration dated 26.05.2020 made by the deceased.

In my opinion, it would be better that the petitioner should approach the Investigating Officer directly and divulge the entire fact which fact stands submitted by Mr. D. Datta, learned counsel for the petitioner that she sets herself to fire in front of the villagers in the meeting. It is the very crucial aspect of the case. I.O. is specifically directed to investigate this matter whether this fact is correct or not. Thereafter, the investigating officer shall proceed in accordance with law.

With the aforesaid directions and observations, the instant application for pre-arrest bail, stands rejected and disposed.