Hirendra Nath Chaudhuri v. State Of West Bengal

C.R.M. (A) 4299 of 2023 20.11.2023 SL. 21 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 478 of 2023 dated 13.08.2023 under Sections 498A/323/325/494/376/379/406/34 IPC and Sections 3/ 4 of the Dowry Prohibition Act (corresponding to G.R. Case No. 1545 of 2023).

And In the matter of: Hirendra Nath Chaudhuri ....petitioner.

Mr. Manas Kumar Das ...for the petitioner.

Mr. Bidyut Kr. Roy Ms. Rita Datta ...for the State.

Mr. Navanil De Mr. Rajeshwar Chakrobarty Mr. Srinjan Ghosh Mr. Subhrajit Dey Ms. Monami Mukherjee ... for the defacto complainant.

1. Leave is granted to the learned Counsel for the petitioner to correct the cause title in Court today.

2. Heard learned Counsel for the parties including the learned advocate for the informant.

3. On perusal of the statement of the victim as recorded under Section 164 Cr.P.C., we find direct allegation of committing rape by the present accused petitioner, who is the father-inlaw of the victim lady.

4. We do not find any justification to disbelieve such statement of the victim lady at least at this stage.

5. Considering the seriousness of the crime, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour

of the petitioner.

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

7. The application being CRM (A) 4299 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)