Gouranga Sahoo And ANR. v. State Of West Bengal

05.03.2021 Item no.35 Court No.28 Avijit Mitra C.R.M. 583 of 2021 (through video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Ramnagar Police Station Case No.202 of 2020 dated 19.08.2020 under Sections 498A/304B of the Indian Penal Code;

And In Re : Gouranga Sahoo & anr.

.... Petitioners Mr. Mukteswar Maity ...for the petitioners Mr. Arijit Ganguly, Mr. Avik Ghatak ...for the State Mr. Maity, learned advocate appearing for the petitioners submits that the deceased was suffering from mental disorder as would be explicit from the affidavit affirmed by the de facto complainant as annexed to the present application. The husband and the mother-in-law of the victim lady have already been enlarged on statutory bail. The allegations against the present petitioners are unfounded and in view thereof, their custodial interrogation is not necessary.

Learned advocate appearing for the State opposes the petitioners' prayer and submits that there are materials which disclose the direct involvement of the petitioners herein who are the father-in-law and the brother-in-law of the victim lady. He further submits that investigation has not yet been concluded and in view

thereof, the petitioners are not entitled to the privilege of anticipatory bail.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence and the extent of complicity of the petitioners in the alleged offence, we are not inclined to exercise any discretion in favour of the petitioners and as such the prayer for anticipatory bail is rejected.

Accordingly, the application being C.R.M. No. 583 of 2021 is dismissed.

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