Khokan Das v. State Of West Bengal

C.R.M. (A) 1162 of 2023 22.03.2023 Sl.12 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Belda Police Station Case No.414 of 2022 dated 15.09.2022 under Sections 341/323/325/307/34 of the Indian Penal Code. And In the matter of: Khokan Das ....petitioner.

Mr. Pravas Bhattacharyya ...for the petitioner.

Mr. Binay Panda Mr. Subham Bhakat ...for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police filed charge sheet. There is a previous police complaint lodged at the behest of the family members of the petitioner. The present police complaint was lodged as a counterblast. With the police filing charge sheet, custodial interrogation of the petitioner is not required.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. Apparently, the victim was forced to consume fertilizer. Her claim that she was forced to do that by the petitioner before us is apparently corroborated by a statement of the neighbour recorded under Section 161 of the Code of Criminal Procedure.

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

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

C.R.M. (A) 1162 of 2023 is dismissed.

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