Habu Sk @ Habibur Sk And ANR v. State Of West Bengal

12.03.2021 Ct.04 RP 105 Rejected CRM 11164 of 2020 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi Police Station Case No.290 of 2020 dated 08.06.2020 under Sections 498A/307/34 of the Indian Penal Code read with Section 3/4 Dowry Prohibition Act.. And In the matter of : Habu Sk @ Habibur Sk. & Anr. .... Petitioners Ms. Shabana Hasin .... For the Petitioners Mr. Rana Bhattacharya Mr. M.F.A Begg .... For the State The present application under section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Habu Sk. @ Habibur Sk. & Anr. is taken up for hearing and order.

It is submitted on behalf of petitioners that they are step father-in-law and brother-in-law of the victim and they have been falsely implicated in the case.

State produces the case diary and refers to the statement of the victim under section 164 of the Code of Criminal Procedure, 1973 as well as the injury report of the victim.

Having considered the materials on record it appears that the statement of the victim is corroborated by the injury report which shows that the victim sustained about 27% burn injury due to alleged act of the petitioners.

Direct involvement of the petitioners prima facie appears from the material available in the case diary and investigation is in progress. In the circumstances, we are inclined to hold that this is not a fit case to grant anticipatory bail to the petitioners and their custodial interrogation may be necessary for the purpose of investigation. Hence, the prayer for anticipatory bail is rejected.

CRM 11164 of 2020 is disposed of.

(Arindam Sinha, J.) (Suvra Ghosh, J.)