Md. Bahar Miah v. the State of Tripura

A.B. No.58 of 2017

B_E_F_O_R_E

THE HON’BLE THE CHIEF JUSTICE MR T. VAIPHEI

Present :

For the petitioner : Mr. A.K. Bhowmik, Sr. Advocate. Mr. D. Kar, Advocate. Mr. S. Dey, Advocate.

For the respondent : Mr. R.C. Debnath, Addl. P.P.

29.06.2017

Heard Mr. A.K. Bhowmik, the learned senior counsel assisted by Mr. D. Kar, the learned counsel and Mr. S. Dey, the learned counsel for the accused petitioner. Also heard Mr. R.C. Debnath, the learned Additional Public Prosecutor appearing for the State.

This is an application under Section 438 CrPC for granting pre-arrest bail to the accused petitioner, namely, Bahar Miah, who is implicated in connection with Amtali P.S. Case No.2017/AMT/030, U/s 304(B)/34 IPC.

Though his bail application was earlier rejected by this Court on 03-05-2017 in A.B. No.33/2017, it is surprising to note that he has not been arrested by the police till now. On carefully going through the Case Diary as well as the dying declaration of the deceased, I am of the view that this is not a fit case for granting pre-arrest bail to the accused petitioner.