Moslema Khatoon v. State Of West Bengal And ORS.

CRM (A) 650 of 2022 09.02.2022 Sl. 18 Court No.29 suvayan (rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hemtabad vide FIR Case No.

of dated 26/09/2021 under Sections 498A/302/34 of the Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition Act.

And In the matter of: Moslema Khatoon ....petitioner.

Ms. Devi Priya Mitra ... for the petitioner.

Mr. Aniket Mitra ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner is the mother-inlaw of the victim. The husband of the victim was taken into custody and granted bail. She submits that the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code and to the post mortem report. Considering the gravity of the offence and the involvement of the petitioner and considering the post mortem report and the statements recorded under Section 164 of the Criminal Procedure Code, we are unable to grant anticipatory bail to the petitioners. The application for anticipatory bail, being CRM (A) 650 of 2022, is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)