Debasish Ghosh v. State Of West Bengal

17.08.2022 Serial no. 05 [Dd] (Anticipatory bail) (Rejected) CRM (A) 3869 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Rajarhat Police Station Case No. 208 of 2022 dated 11.06.2022 under Sections 498A/313/325/506/34 of the Indian Penal Code. -AndIn the matter of : Debasish Ghosh ... ...Petitioner Mr. Kallol Kr. Basu, Md. Jannat Ul Firdous, Ms. Tithi Majumder, Advocates ... ... For the Petitioner Mr. Avishek Sinha, Advocate ... ...For the State Mr. Rana Mukherjee, Mr. Sujan Chatterjee, Advocates .. ...For the de facto complainant Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The petitioner is ready and willing to pay the maintenance to the daughter. The petitioner was discharged in the 2016 police case. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the child of the victim recorded under Section 164 of the Criminal Procedure Code. The de facto complainant is represented.

The child in her statement recorded under Section 164 of the Criminal Procedure Code squarely implicates the petitioner. Petitioner is the husband of the victim.

Considering the materials in the case diary and the statement of the child of the victim recorded under Section 164 of the Criminal Procedure Code, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 3869 of 2022 is dismissed.

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