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Calcutta High CourtCRM (A)/4631/2023dismissed as rejected

Biswanath Sikdar v. State Of West Bengal

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

08.01.2024 Ct. No. 29 S.D.

C.R.M.(A) 4631 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 556 of 2023 dated 23.05.2023 under Section 498A/304B/506/34B/34 of the Indian Penal Code read with Section 3/4 of the D.P. Act. And In Re : Biswanath Sikdar ...... petitioner Mr. Subrata Karmakar Md. Ali Ahasan ....for the petitioners Mr. Debashis Roy,P.P.

Mr. Aniket Mitra Ms. Jonaki Saha ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioner was enlarged on an interim anticipatory bail.

It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. We perused the materials in the case diary.

There is a suicide note left behind by the victim. There are materials in the case diary implicating the petitioner in the demand of dowry. Apparently, the victim committed suicide.

Considering the materials in the case diary implicating the petitioner, enlarging the petitioner on anticipatory bail will be inimical to the investigation.

In such circumstances, we are unable to confirm the order dated October 16, 2023 or to grant anticipatory bail to the petitioner and the prayer of anticipatory bail is rejected. The application being CRM (A) 4631 of 2023 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)