← Library
Calcutta High CourtCRM/5485/2021dismissed

Muselim Sk Alias Mursalim Sk And ORS v. State Of West Bengal

2021-12-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

02.12.2021 CRM 5485 of 2021 Court No.29 Item No.88 (Rejected) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Sagardighi Police Station Case No. 146 of 2021 dated 12.04.2021 under Sections 498A/326/307/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act;

Saswata And In the matter of : Murselim Sk. @ Mursalim Sk. & Ors.

...Petitioners

Mr. Jisan Iqbubal Hossain ...For the Petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...For the State.

The petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the husband was arrested and enlarged on bail. The police filed charge sheet and, therefore, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the State draws the attention of the Court to the medical report and the statement of the victim recorded under Section 161 of the Code of Criminal Procedure. Considering the medical report and the statement of the victim recorded under Section 161 of the Code of Criminal Procedure and the complicity of the petitioners, as transpiring from the case diary with regard to the incident, we are unable to extend anticipatory bail to the petitioners.

CRM 5485 of 2021 is, thus, rejected.

(Debangsu Basak, J.) (Bibahas Ranjan De, J.)