Nimai Saha And ORS. v. State Of West Bengal

19.04.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 1366 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 107 of 2024 dated 02.03.2024 under Sections 325/307/34 of the Indian Penal Code.

And In Re : Nimai Saha & Ors.

...... petitioners Mr. Arnab Chatterjee Mr. Amanul Islam Mr. Sourav Mukherjee Ms. Dhanasree Biswas Mr. Poulami Bose ...for the petitioners Mr. Iqbal Kabir Mr. Aqib Badar .... For the State The defacto complainant is a senior citizen. She is the mother of the petitioner no. 1. She was assaulted by the petitioners before us. The daughter of the defacto complainant tried to intervene in the incident when she was also assaulted. Learned advocate appearing for the petitioners draws the attention of the Court to the prior police complaint lodged at the behest of the petitioner nos. 2.

Such police complaint is at the behest of the petitioner no. 2 and does not involve her husband when she speaks of the incident of assault and torture.

Enlarging any of the petitioners on anticipatory bail in this kind of incident where the mother is assaulted by her son and daughter-in-law will send a wrong signal to the society. Signed By :

Surojit Das High Court of Calcutta 19 th of April 2024 05:19:34 AM

In such circumstances, we are unable to grant anticipatory bail to the petitioners and the prayer for anticipatory bail is rejected.

The application being CRM (A) 1366 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

Surojit Das High Court of Calcutta 19 th of April 2024 05:19:34 AM