Rejina Bibi v. State Of West Bengal

18.04.2022 Serial no. 11 Aloke l CRM (A) 1714 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 573 of 2021 dated 19.10.2021 under Sections 498A/365 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Rejina Bibi ... ... Petitioner Mr. Joydeep Roy, Advocate Ms. Sujata Das, Advocate ... ...For the State None appears for the petitioner even in the second call. Learned Advocate appearing for the State submits that prayer for anticipatory bail was rejected by this Hon'ble Court on March 1, 2022 in respect of another co-accused. The victim was since recovered. The victim thereafter recorded a statement under Section 164 of the Code of Criminal Procedure. He refers to such statement.

It appears from the records made available to Court that prayer for anticipatory bail made by co-accused in CRM (A) 1017 of 2022 was rejected on March 01. 2022. One of the grounds for rejection was the gravity of the offence and the involvement of the petitioner therein.

The victim was subsequently recovered whereupon the victim recorded a statement under Section 164 of the Code of Criminal Procedure. In her statement the victim claims that she was kidnapped and that she was thereafter sold. 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 as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner. CRM (A) 1714 of 2022 is rejected.

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