Janneka Bewa @ Jonneka Bewa v. State Of West Bengal
C.R.M. (A) 1189 of 2024 18.4.2024 DL-30 Court No.29 SD/Srimanta) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi Police Station Case No.460 dated 02.12.2021 under Sections 498A/328/307/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act.
And In the matter of: Janneka Bewa @ Jonneka Bewa ....petitioner.
Mrs. Shaila Afrin ...for the petitioner.
Mr. Rana Mukherjee Mr. Rafiqul Islam ... for the State.
Ms. Rafat Jahan ... for the De facto Complainant.
Police case is dated December 2, 2021.
Petitioner before us is the mother-in-law, Learned advocate appearing for the petitioner submits that the husband was granted bail. The police filed charge sheet and, therefore, requirement of custodial interrogation of the petitioner is not there.
Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that the de facto complainant recorded her statement under Section 164 of the Code of Criminal Procedure where she stated that her husband got hold of her and the petitioner administered poison to her. He also referred to the medical records of the de facto complainant. Learned advocate appearing for the de facto complainant submits that the de facto complainant is presently residing at her matrimonial home after disputes being resolved. Matrimonial disputes may or may not be resolved between the de facto complainant and her in-laws including her husband. The Signed By :
SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 05:18:06 PM
police case is December 2, 2021.
Materials in the case diary suggest that there was an attempt of murder with poison being administered. The petitioner was involved in such incident.
Under such circumstances, we are unable to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
C.R.M. (A) 1189 of 2024 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 05:18:06 PM