Sirajul Haldar@Sirajul Halder And ORS v. State Of West Bengal

C.R.M. (A) 46 of 2023 16.01.2023 Sl.10 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla Police Station Vide First Information Report Case No.271 of dated 24.07.2021 under Sections 498A/325/328/307/313/406/34 of the Indian Penal Code read with Sections 3/4 of Dowry Prohibition Act. And In the matter of: Sirajul Haldar @ Sirajul Halder & Ors. ....petitioners.

Mr. Devi Priya Mitra ... for the petitioners.

Mr. Debabrata Chatterjee Ms. Mausumi Sarkar ...for the State.

Report as called for by the order dated January 9, 2023 filed in Court be taken on record.

The in-laws of the de facto complainant prays for anticipatory bail, inter alia, on the ground that, there was a compromise between the de facto complainant and her husband.

Faced with such contention, the report was called for. The de facto complainant in writing stated to the police that, she was misguided in writing the earlier letter which is annexed to the petition; in fact, she was assaulted subsequent to the writing of the letter and made to leave the matrimonial home. She also stated that, the initial letter was taken in order to absolve the accuseds from the criminal case, if possible.

Such being the conduct of the petitioners and the husband of the de facto complainant, we are unable to grant anticipatory bail to any of the petitioners.

There is a need for custodial interrogation of all the accuseds

in the police case.

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

C.R.M. (A) 46 of 2023 is dismissed.

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