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Calcutta High CourtCRM/8249/2020disposed

Sandip Biswas v. State Of West Bengal And ORS.

2020-10-20Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Arijit Banerjee2 pages

20.10.2020 ssd DL-56 CRM 8249 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur P.S. Case No.233 of 2020 dated 06.10.2020 under Sections 498A/306 of the Indian Penal Code.

And In the matter of: Sandip Biswas ....Petitioner.

Mr. Asraf Mandal ...for the Petitioner.

Mr. K. Bhattacharyya ...for the de facto complainant.

Mr. T.K. Ghosh Mr. Arindam Sen ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that his wife committed suicide and there is no ground for the petitioner to be detained. The petitioner insinuates that the wife may have had mental problems, though no report in such regard has been filed.

The de facto complainant, the father of the victim, is represented. According to the de facto complainant, the postmortem report reveals other injury marks on the person of the

victim and the cause of death is said to be ante-mortem strangulation. The father of the victim perceives that his son-in-law had a hand in the killing of his daughter and complains that it was the failure on the part of the police authorities to receive his complaint that resulted in the de facto complainant having to approach a magistrate under Section 156(3) of the Code. Considering the post-mortem report and the surrounding circumstances, it is best that the petitioner surrenders. The prayer for anticipatory bail is rejected.

CRM 8249 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Arijit Banerjee, J.)