Nagen Roy And ORS v. The State Of West Bengal

SL. 27 March 17, 2021.

AKG CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION C.R.M. 325 of 2021 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on March 8, 2021 in connection with Maynaguri Police Station Case No. 05 of 2021 dated January 4, 2021 under sections 498A/306/34 of the Indian Penal Code and read with Section 3/4 of the Dowry Prohibition Act.

And In Re : Nagen Roy & Ors.

... petitioners Mr. Sudip Guha ... for the petitioners Mr. Nilay Chakraborty, Mr. Tapan Bhattacharjee ... for the State Learned counsel for the petitioners submits that the petitioners are in-laws of the victim. Although the husband of the victim has been arrested, there is no specific allegation against the petitioners.

However, learned counsel for the State opposes the prayer for anticipatory bail and points out to the several statements of neighbours and relatives under Section 161 of the Code of Criminal Procedure which clearly levelled allegations against the petitioners on an equal footing with that of the husband of the victim. As such, there is no scope for giving the benefit of anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail is refused and the application being CRM 325 of 2021 is dismissed. (Sabyasachi Bhattacharyya, J.) (Kausik Chanda, J.)