Manojit Dey And ANR v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.04.2024 AT JALPAIGURI Court No.01 Item No. 07 Rejected kc CRM (A) 325 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Matigara Police Station Case No. 279 of 2023 dated 11.04.2023 under Section 498A/364 of the Indian Penal Code. And In Re: Manojit Dey & Anr.

Petitioners Mr. Hillol Saha Podder For the Petitioners Mr. Tapan Bhattacharjee Mr. Dhiman Sil For the State

1. In course of his submission, Mr. Saha Poddar, learned advocate for the petitioners, at the very outset, draws attention of ours to the missing diary as lodged by the husband of the missing wife. It is contended that there was no foul play in the alleged crime and the present accused petitioners being the parents-in-law of the victim lady has been unnecessarily implicated in the instant case.

2. Learned advocate for the State opposes the prayer for anticipatory bail.

3. On perusal of the materials placed before this Court, it appears that it is the version of the informant, who is the mother of the victim that she apprehended that her daughter has been murdered by the present accused petitioners with the other FIR named accused persons. Admittedly, the victim lady has not yet been recorded.

4. In considered view of us, for effective investigation, the custodial interrogation of the present accused petitioners are necessary.

5. In such circumstances, we are not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

7. CRM (A) 325 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)