Bishnupada Samanta v. State Of West Bengal
16.01.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 178 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 1048 of 2022 dated 17.11.2022 under Sections 498A/323/325/307/376 of the Indian Penal Code, 1860.
And In Re : Bishnupada Samanta ...... petitioner Mr. Amitava Karmakar Mr. Arup Kumar Bhowmik ....for the petitioner Mr. Joydeep Roy Ms. Sujata Das ....for the State Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.
Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim and the statement of the daughter-in-law of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). The injury report states that, the injured suffered bite marks.
The 164 Cr.P.C. statement of the daughter-in-law of the victim implicates the petitioner.
Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.
Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 178 of 2023 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)