Calcutta High CourtCRM/7855/2021rejected

Rabia Sultana @ Rajia Sultana v. State Of West Bengal

2022-01-04Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

04.01.2022 IN THE HIGH COURT AT CALCUTTA Sl.No. 279 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No. 32 APPELLATE SIDE Amalranjan (Via Video Conference) CRM No. 7855 of 2021 Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Rejected In the matter of : Rabia Sultana @ Rajia Sultana ..... Petitioner Mr. Kallol Kr. Basu Md. Jannat ul Firdous ...for the Petitioner Mr. S.S. Imam Mr. S. Kundu ...for the State Apprehending arrest in connection with Matia Police Station Case No. 419 of 2021 dated 12.10.2021 under Sections 498A/302 and 34 of the Indian Penal Code, the petitioner has filed the present application. Mr. Basu, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. She has no nexus with the alleged offence. The allegations are absolutely unfounded and no overt act has been attributed to the petitioner. In the said conspectus, custodial interrogation is not warranted.

He further submits that the in-laws of the deceased have already been granted anticipatory bail by a co-ordinate Bench of this Court.

The learned advocate appearing for the State vehemently opposes the prayer of the petitioner and draws our attention to the statement of the witnesses as well as the post mortem report and several other documents in the case diary.

Heard the learned advocates appearing for the respective parties and considered the materials on record. Prima facie, there are strong incriminating materials on record against the petitioner. It further appears from the statements of the witnesses that the petitioner had an extramarital affair with the husband of the deceased. In the face of grave allegations, custodial detention may be necessary. Considering the nature of allegations and since investigation is still in progress we are not inclined to exercise any discretion in favour of the petitioner.

Accordingly, the application for anticipatory bail of the present petitioner is rejected.

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.)