Hasen Shah And ORS v. State Of West Bengal

29.11.2022 Serial no. 14 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5480 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 331 of 2022 dated 27.07.2022 Sections 498A/314/323/34 of the Indian Penal Code.

-AndIn the matter of : Hasen Shah & Ors.

... ...Petitioners Mr. Rabiul Islam, Mr. Raju Mondal, Ms. Pramita Banerjee, Advocates ... ... For the Petitioners Ms. Ratna Ghosh, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The medical reports of the victim were procured from a private practitioner. In any event, it is an allegation of attempt to cause abortion. Learned advocate appearing for the State draws the attention of the Court to the medical report of the de facto complainant as also to the statements of neighbours recorded under Section 161 of the Criminal Procedure Code. The statement of the neighbours recorded under Section 161 of the Criminal Procedure Code implicates all the petitioners in the offence of demanding dowry and of torturing to the de facto complainant.

The medical documents which the de facto complainant produced before the Investigating Officer tends to corroborate the claim of the de facto complainant.

In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 5480 of 2022 is dismissed.

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