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Calcutta High CourtCRM (A)/1782/2023dismissed as rejected

Piyali Mukherjee v. State Of West Bengal

2023-04-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Rai Chattopadhyay2 pages

26.04.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1782 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Titagarh Police Station Case No. 119 of 2023 dated 06.03.2023 under Sections 498A/323/307/406/509/120B of the Indian Penal Code.

And In Re : Piyali Mukherjee ...... petitioners Mr. Anit Dey ....for the petitioners Md. Shahjahan Hasan ....for the de-facto complainant Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State The sister-in-law of the de-facto complainant seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the husband was released on bail by the Jurisdictional Court.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary, in particular, he draws the attention of the Court to the statement of the neighbour recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.) and the injury report of the defacto complainant. The de-facto complainant is represented.

The statement of the neighbour suggests that the petitioner tried to strangulate the de-facto complainant. The

injury report of the de-facto complainant tends to corroborate such statement.

The de-facto complainant in her 164 Cr.P.C. statement implicates the petitioner.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1782 of 2023 is dismissed.

(Debangsu Basak, J.) (Rai Chattopadhyay, J.)