Purnima Mondal And ANR. v. State Of West Bengal

11.08.2022 Serial no.10 Aloke CRM (A) 3774 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathgunj Police Station Case No. 121 of 2022 dated 10.03.2022 under Sections 498A/328/307 of the Indian Penal Code and adding Section 304B of the Indian Penal Code. -AndIn the matter of : Purnima Mondal & Ors. ... ... Petitioners Mr. Soumik Ganguli, Advocate Mr. Diptendu Banerjee, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Arijit Ganguly, Advocate Mr. Sanjib Kr. Dan, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the victim committed suicide. There is a dying declaration of the victim recorded by the Executive Magistrate. There is a statement of the doctor treating the victim recorded under Section 161 of the Code of Criminal Procedure stating that the Executive Magistrate recorded the dying declaration of the victim after taking his permission.

In view of the dying declaration and the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 3774 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)