Shyamal Biswas v. State Of West Bengal

30.01.2023 Serial no.04 Dd (Rejected) CRM (A) 206 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Belda Police Station Case No. 496 of 2022 dated 05.11.2022 under Sections 498A/323/307/406/34 of the IPC and sections 3 & 4 Dowry Prohibition Act.

-AndIn the matter of : Shyamal Biswas ... ...Petitioner Mr. Mrityunjoy Chatterjee Mr. Bhaskar Hutait Mr. Debapriya Majumder, Advocates ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta, Advocates ... ...For the State Report submitted in Court be taken on record. The de facto complainant was informed as to the pendency of the present proceeding.

None appears for the de facto complainant.

The petitioner expressed an intention to pay one third of his salary to the de facto complainant and the same was recorded in the order dated January 17, 2023. Learned advocate for the petitioner submits that he is without further instructions. He is unable to commit as to the amount that the petitioner is ready and willing to pay as maintenance to the de facto complainant.

The police compliant was lodged within one year of marriage. The petitioner is the husband of the de facto complainant.

There are materials in the case diary implicating the petitioner.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 206 of 2023 is dismissed.

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