Mojamil Haque And ORS. v. State Of West Bengal

01.03.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 727 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 741 of 2023 dated 14.07.2023 under Sections 498A/323/307/377/34 of the Indian Penal Code under Section 376 of the Indian Penal Code. And In Re : Mojamil Haque @ Majammel Haque & Ors. ...... petitioners Mr. M. Nazar Chowdhury ...for the petitioner Mr. Partha Pratim Das Mr. Sk. Arif Hossain .... for the State Defacto-complainant recorded a statement under Section 164 of the Cr.P.C. which discloses a sordid state of affairs. In the statement under Section 164 Cr.P.C., she implicates not only her husband, but all the petitioners before us in raping her and inserting bamboo and glass objects into her private parts. All the petitioners including the husband are placed at the time and place of occurrence.

The defacto-complainant was medically examined and the doctor found bamboo and glass objects on her private parts. Statement of the defacto-complainant under Section 164 of the Cr.P.C. stands corroborated by the medical evidence on record.

Considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners and the prayer for anticipatory bail is rejected.

The application being CRM (A) 727 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)