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Calcutta High CourtCRM (DB)/456/2023rejected

Niranjan Bera @ Ashis v. State Of West Bengal

2023-02-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

06.02.2023.

44.

Ct.No.28 as (Rejected) C.R.M. (DB) 456 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Tamluka P.S. Case No.706 of dated 10.08.2022 under Sections 120B/363/364/365/366/366A/506/34 of the Indian Penal Code and adding Section 376 of the Indian Penal Code. In the matter of : Niranjan Bera @ Ashis.

... Petitioner.

Mr. Suman De.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Jonaki Saha.

...for the State.

Petitioner is in custody for 77 days. It is submitted there was an illicit relationship between the parties. When the husband of the victim came to know of such relationship, a false case was registered and petitioner was arrested. Learned Advocate for the State opposes the bail prayer. We have considered the materials on record. Statement of the victim speaks otherwise. She was taken by the petitioner to Delhi and confined her in a house and raped.

Keeping in mind the aforesaid incriminating materials, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)