Punaka Sardar v. State Of West Bengal
17.12.2021 Court No.32 rpan / 280 CRM 7432 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;
And In re: Punaka Sardar - Petitioner Mr. Ziaul Hoque, Mr. Jahangir Hossain ... for the Petitioner.
Mr. Saibal Bapuli, Ms. Sayanti Santra ... for the State.
Apprehending arrest in connection with Paikar Police Station Case No. 157 of 2021 dated 09.08.2021 under Sections 304B/302/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, the present application has been preferred.
The learned advocate appearing for the petitioner submits that that the petitioner is the mother-in-law of the victim lady and she has been falsely implicated. The allegations are omnibus in nature and in view thereof, custodial interrogation is not necessary.
Mr. Bapuli, learned advocate appearing for the State opposes the petitioner's prayer and submits that the incident occurred about 11 months after the marriage of the petitioner's son. Investigation is still continuing and as such, the petitioner is not entitled to the relief as prayed for.
Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Prima facie, there are strong incriminating materials against the petitioner. Considering the nature of accusations, the seriousness of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in his favour.
The application for anticipatory bail, being CRM No.7432 of 2021 is dismissed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J) (Tapabrata Chakraborty, J)