Calcutta High CourtCRM (A)/43/2024dismissed as rejected

Nazimul Islam And Another v. State Of West Bengal

2024-01-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

09.01.2024 Item No.232(M.L.) Ct.No.29 dc./srm Rejected C.R.M. (A) 43 of 2024 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Matia Police Station Case No. 328 of 2023 dated 24.07.2023 under Sections 498A/325/76/511/406/34 of the Indian Penal Code.

And In Re :

Nazimul Islam & Anr.

... Petitioners.

Mr. Uttam Banerjee, Mr. Arunesh Pathak, Mr. Suman Chakraborty ... For the Petitioners.

Mr. Sekhar Barman ... For the State.

Petitioners pray for anticipatory bail.

Police complaint was lodged within six years of marriage.

The 164 statement implicates both the petitioners. Petitioner no.1 as the husband apparently, tortured the de facto complainant.

Petitioner no.2 is also implicated in the torture as also making unwanted advances as against the de facto complainant.

Considering the gravity of the offence and involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

CRM(A) 43 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)