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Calcutta High CourtCRM/3528/2021dismissed

Wasim Akram v. State Of West Bengal

2021-06-07Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Biswajit Basu1 pages

S.K/ S.M 07.06.2021 Ct. No.28 C.R.M. 3528 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21/04/2021 in connection with Kaliachak P.S. Case No. 169 of 2021 dated 12/02/2021 under Sections 498A/324/313/34 of the Indian Penal Code. And In the matter of: Wasim Akram ....petitioner.

Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Mr. Apurba Kumar Datta ...for the State.

The application under Section 438 has been filed in respect of Kaliachak Police Station Case No. 169 of 2021 dated 12.02.2021 under Sections 498A/324/313 read with Section 34 of the Indian Penal Code. The incident occurred within one year of the marriage of the victim. As a consequence of the assault allegedly committed by the petitioner, the victim had suffered miscarriage.

This Court is of the view that the application under Section 438 CrPC cannot be allowed at this stage. Hence, C.R.M. 3528 of 2021 stands dismissed.

No order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.) (Rajasekhar Mantha, J.)