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Calcutta High CourtCRM (A)/4765/2023dismissed as rejected

Harun Rashid @ Harul Rashid v. State Of West Bengal

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

08.01.2024 Serial no. 144 Anticipatory bail [Rejected] Dd CRM (A) 4765 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 351 of 2023 dated 03.10.2023 under Sections 498A/34 of the Indian Penal Code, 1860.

(G.R. Case No. 3297 /2023 ) -AndIn the matter of : Akbar Ali ... ...Petitioner Mrs. Minoti Gomes, Ms. Chandruna Debnath, Advocates ... ... For the Petitioner Mr. Rafiqul Islam, Mr. S. S. Saha, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 17, 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.

The police complaint was lodged within 3 years of marriage.

Petitioner before us is the husband.

Materials in the case diary suggest requirement of investigation. Enlarging the petitioner on anticipatory bail will be inimical to the investigation.

In such circumstances, we are unable to confirm the interim order granted on October 17, 2023 or grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4765 of 2023 is dismissed.

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