Rentu Sk @ Badsha Sk v. State Of West Bengal

C.R.M. (A) 2600 of 2023 02.08.2023 SL. 19 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Saktipur Police Station Case No. 43 of 2023 dated 18.03.2023 under Sections 354C/376D/379 IPC.

And In the matter of: Rentu Sk @ Badsha Sk ....petitioner.

Md. Sabir Ahmed Mr. Abdul Aziz Mondal ...for the petitioner.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ... for the State.

1. Heard learned Counsel for the parties.

2. The anticipatory bail is sought for by the petitioner on the ground that the occurrence happened on 10.08.2022 at Dum Dum in daytime. From Annexure 'B' to the present petition, it is found that the victim being present before the Registrar of Mohammedan marriage has given talaq to her husband on 10.08.2022 at Berhampore.

3. It is argued by learned Counsel for the petitioner that the distance from Berhampore to Dum Dum being about 250 Kms. one person cannot be expected to be present in both the location at the same time. Be that as it may, these are questions of evidence which can be gone into only at the time of trial. Whether the victim was present in-person before the Mohammedan Registrar at Berhampore is a question of fact which cannot be proved per se by Annexure 'B' to the present petition.

4. On this ground alone, the veracity of the FIR cannot be

thrown overboard, especially when the allegation is serious.

5. Regard being had to the aforesaid facts and especially the seriousness of the offence, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

6. Accordingly, the prayer for the anticipatory bail is rejected.

7. The application being CRM (A) 2600 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)