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Calcutta High CourtCRM (A)/4024/2023rejected

Swapna Pramanik And ANR. v. State Of West Bengal

2023-10-04Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

04.10.2023 (D/L 30) Ct. No.29 Rejected (SKB) CRM (A) 4024 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sankrail P.S. Case No.441 of 2023 dated 11.06.2023 under Sections 498A/325/34/307 of the Indian Penal Code read with Sections 3 & 4 of the D.P. Act corresponding to G.R. Case No.2384 of 2023.

In the matter of : Swapna Pramanik and another ... Petitioners Mr. Mrityunjoy Chatterjee, Mr. Manas Das, Mr. Debapriya Majumder ... for the petitioners Mr. Ashok Das, Mr. Sourov Mukherjee ... for the defacto complainant Mr. Joydeep Roy, Ms. Sujata Das ... for the State

1. Heard learned advocates for the parties.

2. The present petitioner no.1 is the mother-in-law and the petitioner no.2 is the sister-in-law of the victim. From the statements of the witnesses, we find that the present two petitioners alongwith other co-accused persons made an attempt to murder the victim wife by hanging fan with the help of a rope. The versions of the witnesses to that effect get due support from the injury report of the victim where the doctor found the mark of bimamal compression of throat and in the history of the injury the names of the present petitioners are very much transpires.

3. Considering the seriousness of the crime and, prima facie, involvement of the present petitioners in the alleged crime, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

4. Accordingly, the prayer for anticipatory bail is rejected.

5. CRM(A) 4024 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)