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Calcutta High CourtCRM (A)/649/2025rejected

Manik Kar v. The State Of West Bengal

2025-03-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

04.03.2025 Sl. No.6 akd [Rejected] C. R. M. (A) 649 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 18.02.2025 in connection with Kharagpur (L) Police Station Case No.963 of 2023 dated 11.12.2023 under Sections 498A/304B/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.3461 of 2023) And In Re: Manik Kar ... ... Petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty ... ... for the petitioner Mr. Soumik Ganguly Mr. Debanik Das ... ... for the State 1.

It is submitted on behalf of the petitioner that he is the father-inlaw of the deceased lady. He is residing separately and did not play any role in the matrimonial life of the couple. Accordingly, he prays for anticipatory bail.

2.

In light of the aforesaid submission, report was called for with regard to residence of the petitioner. Report shows petitioner though residing in another house, the said house is situated in the same locality as that of the couple. The distance between the two houses is 100 mtrs. 3.

We have considered the materials on record. Statements show petitioner i.e. the father-in-law tortured the victim lady on demands of dowry. As a result, she committed suicide within two years of marriage. Petitioner's role in the torture is more pre-dominant than the brother-inlaw viz. Sudip Kar @ Chanchal Kar who has been granted pre-arrest bail. His residence is almost adjacent to the house where the couple resided. This probabilises the prosecution case that he played active

role in the torture of the victim over demands of dowry. Under such circumstances, we are not inclined to grant anticipatory bail to the petitioner.

4.

Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)