Mst. Ferdousi Begam v. State Of West Bengal And ORS.

C.R.M. 5937 of 2021 (AD) 25.04.2023 Court No.29 (Dismissed) In Re: - An application for cancellation of anticipatory bail under Section 439(2) of the Code of Criminal Procedure, 1973. And In the matter of: - Mst. Ferdousi Begam ...petitioner.

Mr. U.A. Dewan Mr. Asif Dewan ... for the petitioner.

Order dated June 23, 2021 granting anticipatory bail by the learned Sessions Judge to the private opposite party is under challenge in the present application.

The private opposite party was initially enlarged on interim anticipatory bail which was subsequently confirmed by the impugned order. By the impugned order, the learned Sessions Judge, held that there was no documentary evidence that there was any forcible or medically induced abortion caused by the private opposite party upon the victim lady.

Petitioner relies upon a medical document to suggest that the petitioner underwent an abortion.

The petitioner may or may not have undergone an abortion. However, the issue considered by the learned Sessions Judge while granting anticipatory bail was whether the private opposite party forcibly induced the petitioner to undergo the abortion. We are not in a position to return a finding that the impugned order is perverse or is not attended by adequate reasons. Consequently, we find no ground to interfere with the impugned order.

C.R.M. 5937 of 2021 is dismissed.

(Debangsu Basak, J.) (Rai Chattopadhyay, J.)