Subhasish Mandal v. State Of West Bengal

07.09.2022 Serial no.9 Aloke CRM (A) 4282 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bankura Women Police Station Case No. 06 of 2022 dated 28.01.2022 under Sections 498A/323/325/307/313/506 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

-AndIn the matter of : Subhasish Mondal ... ... Petitioner Mr. Subhas Chandra Atha, Advocate Ms. Payel Paramanik, Advocate ... ... For the Petitioner Mr. Pravas Bhattacharya, Advocate Mr. Pratick Bose, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that there is a suit for divorce on the ground of cruelty filed by the de facto complainant. A mediation was held by the learned District Judge. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the de facto complainant recorded under Section 164 of the Code of Criminal Procedure.

There are materials in the case diary implicating the petitioner in the offence alleged. The requirement of custodial interrogation of the petitioner cannot be overlooked.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4282q of 2022 is rejected.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)