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Calcutta High CourtCRM/6470/2021dismissed

Abdul Rahim v. State Of West Bengal

2021-09-30Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

30.09.2021 Serial no. 53 Dd (Through Video Conference) CRM 6470 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 20th September, 2021 in connection with Harishchandrapur Police Station Case No. 433 of 2021 dated 10.06.2021 (corresponding to G.R. No.-1280/2021) under Sections 498A/325/308/34 of the Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Abdul Rahim ... ...Petitioner Mr. Kaustav Bagchi, Mr. Arup Sarkar, Mr. Sourav Mukherjee, Advocates ... ... For the Petitioner Ms. Sukanya Bhattacharya, Mr. Nirupam Dhali, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is the husband.

There are allegations against the petitioner in the complaint lodged by the wife. There is an injury report also.

Learned advocate appearing for the petitioner contends that being the husband should not prejudice the petitioner. There are discrepancies between the complaint and the injury report.

The injury report available in the case diary makes out a case of physical assault. The complicity of the petitioner in the physical assault cannot be discounted at this stage.

In such circumstances, we are not inclined to grant anticipatory bail to the petitioner.

CRM 6470 of 2021 is, accordingly, dismissed.

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