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Calcutta High CourtCRM (A)/4626/2023dismissed as rejected

Prasanta Porya v. State Of West Bengal

2024-01-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

08.01.2024 Serial no. 60 Anticipatory bail [Rejected] Dd CRM (A) 4626 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Keshpur Police Station Case No. 288 of 2023 dated 15.08.2023 under Sections 498A/354/307/34 of the Indian Penal Code, 1860 read 4 of Dowry Prohibition Act. (G.R. Case No. 2425/2023 ) -AndIn the matter of : Prasanta Porya ... ...Petitioner Mr. Amit Ranjan Pati, Ms. Swastika Chowdhury, Advocates ... ... For the Petitioner Mr. Narayan Prasad Agarwala, Ms. Subhasree Patel, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary. Petitioner before us is the husband of the victim.

There are materials in the case diary suggesting that the police case required investigation. Complicity of the petitioner in the incident obviously requires investigation. Enlarging the petitioner on anticipatory at this stage will be inimical to the investigation.

In such circumstances, we are unable to confirm the interim anticipatory bail granted on October 16, 2023 or grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4626 of 2023 is dismissed.

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