Asib Hossain Mollah v. State Of West Bengal And ANR

C.R.M. (A) 1398 of 2024 29.04.2024 DL-36 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pandua Police Station Case No. 46 of 2024 dated 29.01.2024 under Sections 417/376(2n)/313/504/506 of the Indian Penal Code, 1860. (G.R. Case No.278 of 2024) And In the matter of: Asib Hossain Mollah ....petitioner.

Ms. Shetparna Ray Mr. Soupal Chatterjee Mr. Anupam Das ... for the petitioner.

Mr. Arnab Chatterjee Mrs. Rituparna Saha ... for the State.

1. De facto complainant recorded a statement under Section 164 of the Code of Criminal Procedure where she implicates the petitioner.

2. There are materials in the case diary where, the petitioner, although not the husband of the de facto complainant, impersonated himself as husband of the de facto complainant and caused forceful miscarriage.

3. Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner as transpiring therefrom, we are unable to grant anticipatory bail to the petitioner.

4. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

5. C.R.M. (A) 1398 of 2024 is dismissed.

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

ABHIJIT DAS High Court of Calcutta 29 th of April 2024 05:05:59 PM