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Calcutta High CourtCRM/7052/2021rejected

Isub Saha @ Ukil Saha And ANR v. State Of West Bengal

2021-11-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

15.11.2021 tkm/ct 28 C.R.M. 7052 of 2021 sl no. 57 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Patashpur P.S case no. 408/2021 dated 23.9.2021 under sections 498A/323/325/304B/34 of the Indian Penal Code read with section 3 and 4 of the DP Act And In Re : Isub Saha @ Ukil Saha & Anr.

........ petitioners Mr. Arindam Jana Mr. Soumajit Chatterjee ...... for the petitioners Mr. Arijit Ganguly Ms. Sutapa Banerjee ...... for the State Petitioners are the in laws of the victim housewife. It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case. It is further submitted that the victim housewife committed suicide out of her own accord. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statements of witnesses. There are materials on record to show that the petitioners had subjected the victim housewife to torture over demand of dowry and unable to bear torture, she committed suicide within two years of marriage.

In view of the gravity of the offence and prima facie involvement of the petitioners in the alleged crime, we are of the opinion that this is not a fit case to grant anticipatory bail to the petitioners.

Accordingly, the prayer for bail is rejected. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)