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Calcutta High CourtCRM/3303/2021dismissed

Amal Das v. State Of West Bengal

2021-09-29Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

44.

29-09-2021 (ct. no.32) debajyoti CRM 3303 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No.333 of 2020 dated 19-11-2020 under Sections 498A/328/34 of the Indian Penal Code.

- A n d - In the matter of : Amal Das .... Petitioner.

Mr. Sumanta Das ... For the Petitioner.

Mr. Subrato Roy ... For the State.

The petitioner is the husband of the victim. The allegation is of torture and demand for dowry. It is alleged that on the day of the incident, the victim was beaten up and poison was poured into her mouth by the accused persons including the present petitioner.

The petitioner says that he is not the prime accused. As per the application under Section 156(3) of the Code of Criminal Procedure, the mother-in-law poured poison into the victim's mouth.

We have seen the material in the Case Diary including the statement of the victim recorded under Section 161 of the Code of Criminal Procedure. She specifically implicates the accused persons by name including the present petitioner.

In view of the nature and gravity of the allegation and the prima facie incriminating material, although Charge Sheet may have been submitted, we are not inclined to entertain the petitioner's prayer for anticipatory bail.

Accordingly, the application for anticipatory bail being CRM 3303 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )