Samir Saha v. State Of West Bengal

12.08.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3877 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathpur Women Police Station Case No. 09 of 2021 dated 03.08.2021 under Sections 498A/313 of the Indian Penal Code.

And In Re : Samir Saha ...... petitioner Mr. Avik Ghatak Mr. Fahad Imam Mr. Saibal Krishna Dasgupta ....for the petitioner Mr. Sujan Chatterjee ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Other coaccuseds were granted anticipatory bail. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. There are materials in the case diary suggesting that the de-facto complainant suffered at least miscarriage. The police complaint was lodged within two and half years of marriage. Considering the gravity of the offence and the involvement of the petitioner therein as the husband, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 3877 of 2022 is dismissed.

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