Seikh Sarful Haque And ANR v. State Of West Bengal

01.02.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 307 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 693 of 2023 dated 24.11.2023 under Section 498A/406/328/34 of the Indian Penal Code.

And In Re : Seikh Sarful Haque & Anr.

...... petitioners Mr. Manas Kumar Das ...for the petitioner Ms. Sayanti Santra ...for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioner no. 1 is father-in-law while the petitioner no. 2 is the husband of the defacto-complainant.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The police complaint was lodged within one year of marriage.

Defacto-complainant was admitted to the hospital complaining of poisoning. She recorded a statement on November 24, 2023 claiming that she consumed poison due to the torture meted out to her. She recorded a subsequent

statement on January 5, 2024 implicating both the petitioners not only in torturing but also pouring poison in her mouth. So far as the torture is concerned, the same remains constant in both the statements recorded by the defactocomplainant. Defacto-complainant was admitted in the hospital with a complaint of poisoning.

Role of both the petitioners, therefore, require investigation.

Enlarging any of the petitioners on anticipatory bail will be inimical to the investigation.

Consequently, we are unable to grant anticipatory bail to any of the petitioners and the prayer for anticipatory bail of the petitioners is rejected.

The application being CRM (A) 307 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)