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Calcutta High CourtCRM (A)/5964/2022dismissed as rejected

Tarak Nath Saha v. State Of West Bengal

2022-12-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

22.12.2022 Serial no.44 Aloke CRM (A) 5964 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Burdwan Women Police Station Case No. 328 of 2022 dated 06.07.2022 under Sections 498A/323/376/511/406/34 of the Indian Penal Code. -AndIn the matter of : Tarak Nath Saha ... ... Petitioner Mr. Sandip Chakraborty, Advocate Mr. Saryati Datta, Advocate Mr. Kaustav Das, Advocate ... ... For the Petitioner Mr. Pravash Bhattacharya, Advocate Mr. Pratick Bose, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner lodged a proceeding under Section 200 of the Code of Criminal Procedure against the de facto complainant on June 1, 2022. Thereafter, the police complaint was lodged. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. The de facto complainant implicates the petitioner in the incident.

Requirement of custodial interrogation of the petitioner at this stage cannot be overlooked.

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

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5964 of 2022 is dismissed.

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