Nasiruddin Molla And ORS. v. State Of West Bengal

24.01.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 4520 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haroa Police Station Case No. 211 of 2023 dated 27.05.2023 under Section 498A/325/307/406/506/34 of the Indian Penal Code and under Section 4 of Dowry Prohibition Act.

And In Re : Nasiruddin Molla & Ors.

...... petitioner Mr. Milan Nandi Mr. Subhas Chandra Saha Mr. Mayukh Nandi ...for the petitioner Md. Rafikul Islam Mr. S.S. Saha ...for the State Learned advocate appearing for the petitioners submits that, the petitioner nos. 2 and 5 expired and, therefore, the application may be treated as not pressed so far as they are concerned.

Learned advocate appearing for the petitioners produced Death Certificate for the petitioner nos. 2 and 5. In such circumstances, C.R.M. (A) 4520 of 2023 is dismissed as infructuous in respect of the petitioner nos. 2 and 5.

Learned advocate appearing for the other surviving petitioners, i.e. petitioner nos. 1, 3 and 4 submits that the said petitioners were falsely implicated. The police complaint was lodged after 17 years of marriage and with the delay of 79 days. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The defacto-complainant received injuries in an incident of assault. The defacto-complainant stated in her statement recorded under Section 161 of the Cr.P.C. that there were constant demand for dowry and torture meted out by the said petitioners over a period of time. She stated that due to the incident of assault, she suffered such injuries, which required hospitalization and ultimately operation on her head.

The statement of the defacto-complainant as to torture and demand for dowry stands corroborated by the neighbours recorded under Section 161 of the Cr.P.C. The incident of assault suffered by the defacto-complainant also stands corroborated by the statement of the neighbours.

respect of the surviving petitioners, i.e. petitioner nos. 1, 3 and 4 is rejected.

The application being CRM (A) 4520 of 2023 is dismissed.

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