Hasen Bhangi And ORS. v. State Of West Bengal

23.04.2024 Item No.10 Ct. No. 29 CHC Rejected C.R.M.(A) 1397 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Garhbeta Police Station Case No. 53/24 dated 23.02.2024 under Sections 498A/323/325/307/494/354A/354B/506/34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

And In the matter of : Hasen Bhangi & ors.

...... petitioners Ms. Pampa Dey (Dhabal) ....for the petitioners Mr. Arindam Sen, Mr. Rahul Ganguly ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, husband is not residing with them subsequent to second marriage. Petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the statement of the de facto complainant recorded under Section 164 of the Criminal Procedure Code as also statements of neighbours recorded under Section 161 of the Criminal Procedure Code thereof. The de facto complainant makes out a case of torture for demand of dowry. She claims that, she was physically assaulted.

Her statements stand corroborated by the neighbours. Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 23 rd of April 2024 06:04:15 PM

Considering the materials in the Case Diary and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 1397 of 2024 is disposed of.

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