Dolan Biswas And ANR v. State Of West Bengal

03.11.2022 Serial no. 02 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4621 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 750 of 2022 dated 01.09.2022 under Sections 498A/302/34 of the Indian Penal Code. -AndIn the matter of : Dolan Biswas & Anr.

... ...Petitioners Mr. K. Bagchi, Mr. Sourav Mukherjee, Advocates ... ... For the Petitioners Mr. S. G. Mukherjee, ld. PP Ms. Faria Hossain, Ms. Baisali Basu, Mr. Anand Keshari, Advocates ... ...For the State Mr. Atin Kr. Baswas, Mr. Amit Singh, Ms. Jyoti Agarwal, Advocates .. ...For the de facto complainant Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners are the parents-in-law. He submits that the husband is in custody. The deceased consumed poison by herself.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy. He submits that the victim was pregnant. The incident took place within three years of marriage. He refers to the statements recorded under Section 161 of the Criminal Procedure Code and in particular to the statements of the neighbours.

Learned advocate for the de facto complainant submits that the victim was administered poison and kept in the matrimonial home for 5 days. According to him, the victim was murdered.

Death occurred within three years of marriage. The husband is in custody.

There are statements recorded under Section 161 of the Criminal Procedure Code of the neighbours implicating the petitioners in the incident.

The death occurred at the matrimonial home of the deceased.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary and considering the fact that incident arose three years of marriage, we are not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 4621 of 2022 is dismissed.

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