Mafizuddin v. State Of West Bengal

07.02.2024 Item No.15 Ct. No. 29 CHC Rejected C.R.M.(A) 396 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chopra Police Station Case No. 599 of 2023 dated 02.08.2023 under Sections 498A/304B/302/201/120B of the Indian Penal Code, 1860.

And In the matter of : Mafizuddin ...... petitioner Mr. Shaharayar Alam ....for the petitioner Mr. N. Ahammed, Ld. A.P.P.

Mr. Asraf Mandal ....for the State Petitioner prays for anticipatory bail.

Petitioner before us is the father-in-law.

Learned advocate appearing for the petitioner submits that other in-laws were arrested and granted bail by the jurisdictional Court.

Learned advocate appearing for the State refers to the materials in the Case Diary and the order dated February 5, 2024 passed in CRM(A) 326 of 2024 rejecting the prayer for anticipatory bail of other co-accused.

Anticipatory bail to other co-accused were denied after returning a finding that the victim died due to strangulation, death was near her matrimonial home, such co-accused were the in-laws of the victim, death occurred within two years of

marriage and that, complicity of such co-accused required investigation.

As noted above, petitioner is the father-in-law of the victim.

He is named in the statement recorded under Section 164 of the Criminal Procedure Code by the neighbour of the victim implicating the petitioner.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus, rejected. CRM(A) 396 of 2024 is disposed of.

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