Rabiul Halsana v. The State Of West Bengal

05.02.2025 tkm/ct 28 C.R.M. (A) 208 of 2025 sl no.52 In Re : An application under section 482 of the BNSS 2023 in connection with Chapra PS case no. 1092/2024 dated 2.11.2024 under sections 85 and 89 of BNS 2023 And In Re : Rabiul Halsana ........ petitioner Mr. Sumanta Das Ms. Suman Biswas Mr. Avilash Tripathi ...... for the petitioner Mr. Arani Bhattacharyya ...... for the State

1. Petitioner contends victim belonged to a different religion. She converted to Islam and married. Subsequently she withdrew from the matrimonial home. Allegation of forcible abortion is false. He prays for anticipator bail.

2. Learned lawyer for the State opposes the prayer.

3. We have considered the materials on record including the statement of the victim. In her statement the victim claimed petitioner had blackmailed her and made her sign on marriage documents. She was forced to convert her religion. Subsequently she was thrown out of the matrimonial home. Petitioner refused to take her back on the excuse that her first wife was threatening him. Keeping in mind the aforesaid incriminating facts, we are of the opinion victim had been subjected to cruelty by the petitioner and this is not a fit case to grant anticipatory bail.

4. Accordingly, application for anticipatory bail is rejected. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)