Kanak Maity v. The State Of West Bengal

26.11.2024 Sl. No. 13 Sourav/ Suvayan [Rejected] C. R. M. (A) 4093 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kulpi Police Station Case No. 499 of 2023 dated 19.10.2023 under Sections 447/323/325/308/302/506/34 of the Indian Penal Code.

In the matter of: Kanak Maity ... ... Petitioner.

Mr. Niladri Sekhar Ghosh Mr. Partha Sarathi Mondal ... ... for the petitioner.

Ms. S. Biswas Ms. Mousumi Sarkar ... ... for the State.

1.

Petitioner contends that there was prior enmity between parties. Case and counter case are pending by and between the parties. On the day of incident, there was a minor scuffle. Victim survived for five days. Accordingly, they pray for anticipatory bail.

2.

Learned advocate for the State opposes the prayer. She contends that the petitioner is a proclaimed offender. In response, it is contended that the proclamation and attachment have been set aside by a Bench of this Court. 3.

We have considered the materials on record including the statements of the witnesses. The witnesses implicate the petitioner in assaulting the victim. As a result, she was hospitalized and died. Post Mortem report shows internal injury in the brain and fracture of ribs.

4.

In view of the nature of injuries and gravity of offence, we are not inclined to grant anticipatory bail to the petitioner. 5.

Accordingly, the prayer for anticipatory bail is rejected. 6.

The application being CRM (A) 4093 of 2024 is, thus, dismissed.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)