Birendra Nath Mahata And ORS v. State Of West Bengal

(Via Video Conference) 14.06.2021 Court No.30 Item No.13 (DISMISSED) CRM 1632 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with All Women Jhargram Police Station Case No. 121 of 2020, dated 23.12.2020 under Sections 498A/313/232/406/506/34 of the Indian Penal Code and under Sections 3 / 4 of the Dowry Prohibition Act.

akd & ab And In the matter of : Sri Birendra Nath Mahata & Ors.

...Petitioners

Mr. Arnab Chatterjee.

...For the Petitioners Mr. Imran Ali, Mr. Nirupam Dhali.

...For the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that, the complaint case is of 2020 when the alleged allegation of miscarriage is of 2018.

Learned Advocate appearing for the State draws the attention of this Court to the Memo of Evidence. He opposes the prayer for anticipatory bail.

It appears from the records made available to the Court that, the petitioners approached the learned Sessions Judge along with three other married sister-in-laws of the de facto complainant. The application of the petitioners for anticipatory bail was rejected while the anticipatory bail of the three sister-in-laws was allowed. Considering the materials made available to Court since the petitioners were residing with the de facto complainant and there are allegations against them which are under investigation, we are not inclined to grant anticipatory bail to the petitioners at this stage. CRM 1632 of 2021, is dismissed accordingly.

(Debangsu Basak, J.) (Aniruddha Roy, J.)