Calcutta High CourtCRM (A)/941/2024dismissed as rejected

Swarnendu Roy And ORS. v. State Of West Bengal

2024-03-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 941 of 2024 27.03.2024 DL-19 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Salboni Police Station Case No. 33 of 2024 dated 04.02.2024 under Sections 498A/307/354B/406/34 of the Indian Penal Code, 1860 and 3/4 of D.P. Act.

And In the matter of: Sri Swarnendu Roy & Ors.

....petitioners.

Md. Ashraf Ali Mr. Indrajit Chatterjee ... for the petitioners.

Mr. Subham Kanti Bhakat ... for the State.

Mr. Purnasis Bhuniya ... for the de facto complainant.

Petitioners pray for anticipatory bail.

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

State and the de facto complainant are represented. Learned Advocate appearing for the de facto complainant submits that the petitioner no.1, who is the husband of the de facto complainant, married for the second time. The de facto complainant was being tortured at her matrimonial home on demand for dowry.

We perused the materials in the case diary.

De facto complainant recorded her statement under Section 164 of the Code of Criminal Procedure where she narrates the mental and physical torture meted out to her on demand for dowry. She also speaks for an incident where there was an attempt to kill her by strangulation and pouring kerosene over her. She also speaks of her modesty being outraged. She names all the Signed By :

ABHIJIT DAS High Court of Calcutta 27 th of March 2024 03:45:35 PM

petitioners before us being involved in the incidents. There is an injury report of the victim which tends to corroborate the claim of the victim that there was an attempt to strangulate her, at the very least.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 941 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 27 th of March 2024 03:45:35 PM