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Calcutta High CourtCRM (A)/2968/2025rejected

Marjum Malithya @ Marjem Hossain v. State Of West Bengal And ANR

2025-09-19Hon'Ble Justice Jay Sengupta2 pages

19/09/2025 D/L - 18 Court No.28 S. Kundu Rejected C.R.M.(A) 2968 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Thanarpara police station case no. 01 of 2025 dated 3.1.2025 under Sections 363/365/376/506/34 of the IPC.

In the matter of: Marjum Malithya @ Marjem Hossain

...Petitioner.

Mr. Asraf Mondal ...for the petitioner.

Mr. Abdul Aziz Mondal ...for the de-facto complainant.

Mr. Subhamoy Bhattacharyya Ms. Afreen Begum ...for the State.

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Heard the learned counsels for the parties.

3. Perused the case diary.

4. As per the statement of the minor victim recorded before the learned Magistrate, the petitioner and the some other accused used to take turn in raping the victim while the others used to video record the same.

5. Considering the serious nature of allegations and the incriminating materials available in the case diary including the statement of the minor victim and the other

witnesses, I do not consider this to be a fit case to grant anticipatory bail to the petitioner.

6. Accordingly, the application for anticipatory bail is rejected.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)