Bhola Barman And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.09.2021 Court No.01 rpan /27 C.R.M. 578 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Bhola Barman & Others

...Petitioners.

Mr. Sudip Guha ... for the petitioners.

Mr. Kallol Acharjee, Mr. Biswarup Roy ... for the State.

Apprehending arrest in connection with Pundibari Police Station Case No.181 of 2021 dated 19.04.2021 under Sections 498(A)/304B of the Indian Penal Code, 1860, the petitioners have preferred the present application.

The learned advocate appearing for the petitioners submits that the principal accused is the husband, who is already in custody. The petitioner no.1 is the father-in-law, the petitioner no.2 is the mother-in-law and the petitioner no.3 is the brother-inlaw of the victim lady. They have been falsely implicated. No overt act has been attributed to them. Upon completion of investigation, charge-sheet has also been submitted and as such, custodial interrogation of the petitioners is not necessary. The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statements of the witnesses, recorded under Section 161 of the Code. He further submits that the incident occurred only ten months after the marriage and there had been a continuing demand for dowry.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence, the nature of accusations and the extent of complicity of the petitioners in the alleged offence, we are not inclined to exercise any discretion in their favour. As such, their prayer for anticipatory bail is refused. Accordingly, the application for anticipatory bail, being CRM 578 of 2021, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J.) (Tapabrata Chakraborty, J.)