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Calcutta High CourtCRM (A)/899/2024dismissed as rejected

Arabindu Roy v. The State Of West Bengal And ANR

2024-03-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

13.03.2024 Item No.25 Ct. No. 29 CHC Rejected C.R.M.(A) 899 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 79 of 2024 dated 03.02.2024 under Sections 498A/307/376/511/34 of the Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act. And In the matter of : Arabindu Roy ...... petitioner Ms. Minoti Gomes, Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Dona Sanyal ....for the petitioner Mr. Jaydeep Biswas ....for the State Petitioner prays for anticipatory bail.

Petitioner before us is the husband.

De facto complainant recorded her statement under Section 164 of the Criminal Procedure Code implicating the petitioner before us in torturing her both physically and mentally and demanding dowry from her. She also implicates the petitioner before us in not taking appropriate steps with regard to the indecent proposal and also attempt of rape on her by her father-in-law despite being informed of the same. The relative of the de facto complainant corroborates the statement made by the de facto complainant.

The police case was registered subsequent to an order passed under Section 156(3) of the Criminal Procedure Code. Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 13 th of March 2024 05:41:47 PM

Apparently, the delay in lodging the complaint was explained by the de facto complainant.

Considering the materials in the Case Diary, the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. This application for anticipatory bail is, thus, rejected. CRM(A) 899 of 2024 is disposed of.

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