Prasenjit Dalapati v. State Of West Bengal

02.03.2022 Serial no. 17 Dd CRM (A) 1030 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nandigram Police Station Case No. 56 dated January 25, 2022 under Sections 498A/323/325/307/34 of the Indian Penal Code read with section 4 of Dowry Prohibition Act, 1961 giving rise to G.R. Case No. 120 of 2022.

-AndIn the matter of : Prasenjit Dalapati ... ...Petitioner Mr. Navanil De, Ms. Ayantika Roy, Mr. Rajeshwar Chakraborty, Mr. Subhrajit Dey, Advocates ... ... For the Petitioner Mr. Imran Ali, Mr. MFA Begg, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the de facto complainant left the matrimonial home voluntarily. The de facto complainant was injured while cooking.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 161 of the Criminal Procedure Code and the injury report of the victim.

In her statement recorded under Section 161 of the Criminal Procedure Code, the victim narrates that the petitioner tried to burn her. The injury report corroborates the fact that there is a burn on the right hand of the victim.

Considering the gravity of the offence and the involvement of the petitioner therein, the requirement of custodial interrogation cannot be ruled out. Consequently we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 1030 of 2022 is dismissed.

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