Momenur Rahaman @ Maminur Rahaman And Others v. State Of West Bengal

C.R.M. 4408 of 2021 (Via Video Conference) (AD) 11.11.2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30.06.2021 in connection with Kushmandi P.S. Case No. 34 of 2021 dated 20/04/2021 under Sections 376D/506 of the Indian Penal Code, 1860.

Court No.29 (Rejected) And In the matter of: - Momenur Rahaman @ Maminur Rahaman & Ors.

...petitioners.

Mr. Mazahar Hossain Chowdhury ...for the petitioners.

Mr. Sudip Ghosh Mr. Bitasok Banerjee Mr. Apurba Kumar Datta ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure of the victim lady and to the medical report. He submits that the victim lady explained the delay on the ground that she was administered sedatives. Considering the materials in the case diary and considering the statement recorded under Section 164 of the Code of Criminal Procedure and the injury report, we are unable to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail, C.R.M. 4408 of 2021, is rejected.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)