Minajul Khan And ORS. v. State Of West Bengal
25.04.2024 Item No.5 Ct. No. 29 CHC Rejected C.R.M.(A) 1447of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Egra Police Station Case No. 162 of 2024 dated 12.03.2024 under Sections 498A/323/325/34 of the Indian Penal Code, 1860 and under Section 4 of the Dowry Prohibition Act, 1961. And In the matter of : Minajul Khan & ors.
...... petitioners Mr. Sabir Ahmed (in virtual mode) Mr. G. K. Das, Mr. Kapil Ch. Shoo, Mr. P. Dutta ....for the petitioners Mr. Manoranjan Mahata ....for the State Petitioners pray for anticipatory bail.
Learned advocate appearing for the petitioners submits that, petitioner no.1 is the husband while others are the in-laws of the de facto complainant. Petitioner no.1 was in Kerala at the material point of time. Allegations as against the petitioners are omnibus and general in nature.
Learned advocate appearing for the Sate draws the attention of the Court to the injury report of the de facto complainant as also to the statement recorded under Section 161 of the Criminal Procedure Code.
De facto complainant suffered grievous hurt. Injury report says so. De facto complainant recorded her statement under Section 161 of the Criminal Procedure Code, where she stated Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 25 th of April 2024 06:13:43 PM
that, there was a constant torture both physical and mental at the behest of all the petitioners before us on demand for dowry of Rs.50,000/- so far as the incident of assault is concerned. She also stated that, iron rod was used to inflict injury on her face. Injury report corroborates such statement. In view of the gravity of the offence and the involvement of the petitioners as transpiring from the materials in the Case Diary, we are unable to grant anticipatory bail to the petitioner. This application for anticipatory bail is, thus, rejected. CRM(A) 1447 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)