Sudhamay Biswas v. State Of West Bengal

01.10.2020 Sl. No.37 Ct-11 BM/CP CRM 7293 of 2020 + IA No.: CRAN/1/2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Sudhamay Biswas & Anr.

... Petitioners Mr. Mrinal Kanti Mukherjee ... for the Petitioner Ms. Sukanya Bhattacharyya Ms. Purnima Ghosh ... for the State Mr. Mukherjee learned advocate appearing for the petitioners submits that the petitioners are innocent. They have been falsely implicated in this case. The father of the petitioner has surrendered and obtained bail.

Ms. Bhattacharyya learned advocate for the State opposes the prayer of anticipatory bail, produces the case diary and draws the attention of the court to the statement made by the neighbours under Section 161 of the Code of Criminal Procedure. It reveals that the mother was regularly tortured and beaten by her husband as well as the sons who are the petitioners in the present case. Considering the submissions made by the learned advocates and after perusing the case diary, we are not inclined to grant anticipatory bail to the petitioners.

Therefore, application for anticipatory bail is rejected. (Samapti Chatterjee, J. )

(Subhasis Dasgupta, J.)