Tapas Biswas And ANR v. State Of West Bengal

C.R.M. (A) 3965 of 2022 18.08.2022 Sl.51 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nimta Police Station Case No.315 of 2022 dated 28/05/2022 under Sections 498A/304B/306/34 of the Indian Penal Code, 1860 and Sections 3/4 of Dowry Prohibition Act, 1961.

And In the matter of: Tapas Biswas & Anr.

....petitioners.

Ms. Sananda Bhattacharyya ...for the petitioners.

Mr. Prasun Kumar Datta, Ld. APP Mr. Nirupam Dhali ...for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The deceased along with the husband used to reside at a different place. In order to emphasize such fact, learned Advocate appearing for the petitioners draws the attention of the Court to the police station at which the police complaint was lodged and the police station at where the petitioners are residing.

Learned Advocate appearing for the State submits that the victim along with her husband used to reside at the maternal uncle's place of the husband of the victim. The petitioners herein are the maternal uncle of the victim and the son of the maternal uncle.

There are materials in the case diary implicating both the petitioners in the incident. There are injury marks in the body of

the deceased as appearing from the post-mortem report over and above the marks suggesting death by commission of suicide. In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 3965 of 2022 is dismissed.

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