Ramesh Ray And ANR v. State Of West Bengal

24.03.2022 Serial no.12 Aloke Ct. No. 29 CRM (A) 1362 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.03.2022 in connection with Chanditala P.S. Case No. 47 of 2022 dated 15.02.2022 under Sections 498A/306 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

-AndIn the matter of : Ramesh Ray & Anr.

... ...Petitioners Mr. Sanjib Mitra, Advocate Mr. Suryasarathi Basu, Advocate ... ... For the Petitioners Mr. Joydeep Roy, Advocate Ms. Sujata Das, Advocate ... ... For the State Leave granted to the learned Advocate for the petitioners to correct the cause title.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated.

Learned Advocate appearing for the State draws the attention to the statement of the father of the victim recorded under Section 161 of the Code of Criminal Procedure as also to the dying declaration of the deceased made before the doctor. Although, the dying declaration of the victim exonerates all from the offence, the same however does not bear either signature of the victim or the left thump impression of the victim. The Court is informed that the husband is in custody. The statement of the father of the victim squarely implicates the petitioners herein.

The incident occurred within nine months of marriage. The police case is of February 15, 2022. The police are yet to conclude the investigation.

In such circumstances, we are unable to grant anticipatory bail to the petitioners.

CRM (A) 1362 of 2022 is rejected.

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