Calcutta High CourtCRM (A)/5099/2023dismissed as rejected

Iman Khan And ANR. v. State Of West Bengal

2024-01-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

25.01.2024 Item No.60 Ct. No. 29 PG/KS Rejected C.R.M.(A) 5099 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No.323 of 2023 dated 14.10.2023 under Sections 498A/406/354B/323/312/34 of the Indian Penal Code.

And In the matter of : Imam Khan & Anr.

......Petitioners.

Mr. S. S. Arefin Mr. K. Kulsum ....for the Petitioners.

Mr. Joydeep Roy Ms. Rita Dutta ....for the State.

Petitioners before us are the husband and the brotherin-law of the de facto complainant. De facto complainant recorded a statement under Section 164 of the Code of Criminal Procedure implicating both the petitioners in assaulting her leading to her suffering injuries. Documents available with the case diary suggests that the de facto complainant suffered vaginal bleeding, which required treatment.

In such circumstances, considering the gravity of the offence and involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners. Accordingly, C.R.M.(A) 5099 of 2023 is rejected. (Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)