Nibaran Mandal And ANR v. State Of West Bengal

28.01.2021 Item No.180 Ct.No.28 dc.

Rejected C.R.M. 202 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In Re :

Nibaran Mandal & Anr.

... Petitioners.

Mr. Kazi Mokhlasur Rahman ... For the Petitioners.

Mr. Tanmoy Kumar Ghosh, Ms. Sima Biswas ... For the State.

Apprehending arrest in connection with Baishnabnagar P.S. Case No. 143/13 dated 07.06.2013 (G.R.

Case No.

1611/2013) under Sections 498(A)/304(B)/306/34 of the Indian Penal Code, the present application has been preferred.

The learned advocate appearing for the petitioners submits that the petitioner no.1 is the father-in-law and the petitioner no.2 is the mother-in-law of the deceased victim. The learned advocate also submits that the husband was arrested and granted bail. Additionally, the learned advocate submits that the petitioners are ready to co-operate with the progress of the case.

Mr. Ghosh, learned advocate appearing for the State submits that the petitioners have been evading due process of law for a considerable period of time.

We have assessed the materials on record and we find that the case was registered in the year 2013. Having regard to the period for which the petitioners have evaded the due process of law, we are not inclined to extend the privilege of anticipatory bail to the present petitioners. As such, the prayer for anticipatory bail of the petitioners, namely Nibaran Mandal and Renu Mandal is rejected.

The application for anticipatory bail, being CRM 202 of 2021 is, thus, dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)