Calcutta High CourtCRM (A)/873/2023dismissed as rejected

Abada Bibi And ANR v. State Of West Bengal

2023-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.02.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 873 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 693 of 2022 dated 01.10.2022 under Sections 498A/325/354B/307/313/406/34 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act.

And In Re : Abada Bibi & Anr.

...... petitioners Mr. Amit Ranjan Pati Mr. Ashok Halder Ms. Reshmi Mukherjee Ms. Sukanya Ghosh ....for the petitioners Mr. Imran Ali Ms. Debjani Sahu ....for the State The victim in her statement recorded under Section 164 of the Code of Criminal Procedure implicates both the petitioners.

As against the petitioner no. 2, there is an implication of outraging her modesty. As against the first petitioner, there is an allegation of assisting in abortion.

Medical reports tends to corroborate the claim of the victim.

Considering the gravity of the offence and the complicity of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 873 of 2023 is dismissed.

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