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Calcutta High CourtCRM (A)/1430/2022dismissed

Saidar Mondal @ Saidar Ali Mondal @ Chhaidar Ali v. State Of West Bengal And ORS.

2022-03-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A)1430 of 2022 (AD) 28.03.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhantala P.S. Case No.65 of 22 dated 07/02/2022 under Sections 498A/376/511/34 of the Indian Penal Code.

And Court No.29 (Rejected) In the matter of: - Saidar Mondal @ Saidar Ali Mondal @ Chhaidar Ali Mondal.

...petitioner.

Mr. Sumanta Chakraborty ... for the petitioner.

Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner is the father-in-law of the victim. He is 55 years of age. The victim left the matrimonial home voluntarily. The petitioner is being falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim narrates the incident in which the petitioner was involved. She also states that she informed her husband whereupon her husband did not come to her assistance. Rather her husband tried to intimidate her with his position as a Border Security Force personnel. Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to enlarge the petitioner on anticipatory

bail.

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

C.R.M. (A) 1430 of 2022 is dismissed.

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