Nisbauddin Islam @ Sk. Misbauddin And ANR v. State Of West Bengal

20.04.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1675 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kolaghat Police Station Case No. 579 of 2022 dated 22.11.2022 under Sections 498A/302/34 of the Indian Penal Code, 1860.

And In Re : Nisbauddin Islam alias Sk. Misbauddin & Anr. ...... petitioners Mr. Ramkrishna Roy ....for the petitioners Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Partha Pratim Das Ms. Eshita Dutta ....for the State The petitioners are being investigated, inter alia, under Sections 498A/302/34 of the Indian Penal Code, 1860. The husband is yet to be arrested.

The post mortem report suggests that the victim suffered injuries.

The post mortem report shows that the death was due to the effects of injuries ante mortem in nature. Investigations are yet to be concluded.

Petitioners stand implicated in statement recorded under Section 164 of the Code of Criminal Procedure. In such circumstances, considering the gravity of the offence and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 1675 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)