Adari Mandal And ORS v. State Of West Bengal

25.03.2022.

Ct.No.28 as (Rejected) C.R.M. (A) 129 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gazole P.S. Case No.462 of 2021 dated 10.06.2021 under Sections 498A/302/34 of the Indian Penal Code. In the matter of : Adari Mandal & Ors.

... Petitioners.

Ms. Minoti Gomes.

...for the Petitioner.

Ms. Zareen N. Khan, Md. Kutub Uddin.

.....for the State.

Heard the learned Advocates appearing for the parties. Petitioners pray for anticipatory bail. Petitioner No.1 is the mother-in-law of the deceased housewife while the petitioner no.2 is the married sister-in-law and petitioner No.3 is the second wife of the husband of the deceased. Learned Advocate appearing for the State opposes the prayer for anticipatory bail and submits prayer for anticipatory bail of petitioner no.1 was rejected by this Court in CRM 7039 of 2021. Statements of witnesses implicate all the petitioners in the crime.

We have considered the materials on record. Prayer for anticipatory bail of petitioner No.1 was rejected by this Court in CRM 7039 of 2021. There is no extenuating change in circumstances to reconsider her prayer for pre-arrest bail. Statement of witnesses also implicate all the petitioners in the

crime. They were present in the house and were seen throwing the body of the deceased into the pond.

In view of the gravity of the offence and the prima facie involvement of the petitioners in the alleged crime, we are of the opinion this is not a fit case to grant anticipatory bail to them.

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

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)