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Calcutta High CourtCRM (A)/4863/2022rejected

Sentu Sk @ Md Rafikul Sk v. State Of West Bengal

2022-10-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

12.10.2022.

32.

AGM/AN (Rejected).

C.R.M. (A) 4863 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Kaliachak P. S. Case No. 855 of 2022 dated 06.08.2022 under Section 302 of the Indian Penal Code corresponding to G.R. Case No. 4918 of 2022.

In the matter of : Sentu Sk. @ Md. Rafikul Sk. ... Petitioner.

Mr. Kausik Biswas, ...for the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasak Banerjee, .....for the State.

It is submitted on behalf of the petitioner that the incident occurred due to sudden provocation. The petitioner did not have any intention to commit murder. He prays for anticipatory bail.

Learned advocate for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses show that the petitioner had throttled his own father who died.

In view of the aforesaid facts and circumstances of the case, we are not inclined to grant anticipatory bail and the prayer for anticipatory bail is rejected.

This application for anticipatory bail is, thus, disposed of.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)