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Calcutta High CourtCRM(DB)/7/2022rejected

Atarul Rahaman And ANR v. The State Of West Bengal

2022-01-11Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

11.01.2022 Item no.34.

Court No.01.

S. De (Rejected) (Via Video Conference) Circuit Bench of Calcutta High Court at Jalpaiguri CRM (DB) No. 7 of 2022 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 07.01.2022 in connection with Raiganj Police Station Case No. 485 of 2021 dated 02.11.2021 under Sections 498A/302/201/34 of the Indian Penal Code. And In the matter of : Atarul Rahaman & Anr.

......Petitioners.

Mr. Jaydeep Kanta Bhowmik, ......for the Petitioners.

Mr. Ujjwal Luksom, Mr. Sourav Gangully ......for the State.

The petitioners are the brothers-in-law of the victim lady. The facts are shocking. The dead body of the victim lady aged about 26 years along with the dead bodies of two minor children of the victim lady, aged about 2 years and 5 years respectively, were found in a pond. The allegation is under Sections 498A/302/201/34 of the Indian Penal Code. The petitioners say that they have no role to play in the alleged incident. The husband of the victim lady is in custody. We have seen the statements of witnesses recorded under Sections 161 and 164 of the Code of Criminal Procedure. Prima facie, there are incriminating material against these

petitioners as well. Charge-sheet is yet to be submitted and investigation is in progress.

Considering the nature and gravity of the alleged offence and the possible extent of complicity of the petitioners in the alleged offence, we are not inclined to grant bail to the petitioners at this stage.

The application for bail is, accordingly, rejected. CRM (DB) No. 7 of 2022 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Aniruddha Roy, J.) (Arijit Banerjee, J.)