Malati Biswas And ANR v. State Of West Bengal

02.02.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 447 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdaha Police Station Case No. 757 of 2022 dated 21.11.2022 under Sections 498A/304B/34 of the Indian Penal Code, 1860.

And In Re : Malati Biswas & Anr.

...... petitioners Ms. Minoti Gomes ....for the petitioners Mr. S. G.Mukherjee, learned Public Prosecutor Mr. Aniket Mitra ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the police complaint was lodged five years after marriage. The husband is in custody. The petitioners are the mother-inlaw and the sister-in-law. Since the police filed charge-sheet, the custodial interrogation of the petitioners are not required. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. There is a statement of the neighbour of the victim recorded under Section 161 of the Code of Criminal Procedure, which implicates the petitioners in the incident. Consequently, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 447 of 2023 is dismissed.

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