Parbati Shaw v. State Of West Bengal

22.04.2022 Serial no.39 KS CRM(A) 1838 of 2022 [ In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Liluah Police Station Case No.58, G.R. No.882/22 dated 06.02.2022 under Sections 498A/ 326/A/ 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. -And- In the matter of: Parbati Shaw Mr. K. C. Das .....For the Petitioner Mr. S. Kumar .....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The police complaint is a counter-blast to the proceedings for divorce instituted by the son of the petitioner against the de facto complainant. There is a police complaint against the de facto complainant also. The de facto complainant was not residing at the matrimonial home on the date of the incident. Learned advocate for the State draws the attention of the Court to the injury report of the victim and to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. It contains that the victim suffered acid attack. Considering the gravity of the offence and involvement of the petitioner therein as it transpires from the Case Diary and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we are unable to grant the petitioner on anticipatory bail. Consequently, prayer for anticipatory bail of the petitioner is rejected. CRM(A) 1838 of 2022 is dismissed.

(Debangsu Basak, J.)

(Bibhas Ranjan De, J.)