Nasrin Bibi v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 14-09-2020 Subrata/Subha Item no.27 C.R.M. No.6317 of 2020 Nasrin Bibi & Anr.

-vs- The State of West Bengal with CRAN No.1 of 2020 (via video-conference) In Re: An application for anticipatory bail under Section 438 CrPC apprehending arrest in connection with Deganga P.S. Case No.24 of 2020 dated January 15, 2020 under sections 498A/304B IPC and sections 3/4 Dowry Prohibition Act.

Mr. P. Chakraborty Mr. C. Debnath ...for the petitioners Mr. Ranabir Roy Chowdhury Mr. Shiladitya Banerjee ... for the State The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within a month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. CRAN No.1 of 2020 (Old No. CRAN No.4427 of 2020) is disposed of. This anticipatory bail application is at the instance of the sisterin-law and father-in-law of the victim lady who died of hanging after four months of her marriage.

On perusal of the statement recorded under section 161 CrPC of an independent witness appearing at pages 11-12 of the case diary and the post-mortem report at page 101 of the case diary produced by the State, we do not rule out that the statement so recorded does not corroborate with the post-mortem report, and that the victim committed suicide because of the alleged torture. We are not inclined to grant anticipatory bail to the petitioners and hence the application under section 438 CrPC is rejected.

[Abhijit Gangopadhyay, J] [Sahidullah Munshi, J]