Safikul Sekh v. State Of West Bengal

02.12.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5613 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 08 of 2022 dated 10.01.2022 under Sections 498A/376/506/34 of the Indian Penal Code, 1860.

And In Re : Safikul Sekh ...... petitioner Mr. Asraf Mondal ....for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the husband was enlarged on bail by the Jurisdictional Court. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the de-facto complainant recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) as well as the pregnancy report.

Apparently, the de-facto complainant is pregnant. In her 164 Cr.P.C. statement, she implicates the petitioner in the offence of rape.

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

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 5613 of 2022 is dismissed.

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