Amulya Barman And ANR v. The State Of West Bengal

08.07.2021.

05.

Akd/As (Rejected)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. 698 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata Woman P.S. Case No.25 of 2021 dated 01.05.2021 under Sections 498A/304B of the Indian Penal Code. In the matter of : Amulya Barman & Anr.

... Petitioners.

Mr. Hillol Saha Poddar, Ms. Arpita Saha.

.....for the Petitioners.

Mr. Arun Sarkar, Mr. Sagnik Sankar Sikdar.

.....for the State.

The Advocate-on-record of the petitioners undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing.

Apprehending arrest in connection with Dinhata Woman P.S. Case No.25 of 2021 dated 01.05.2021 under Sections 498A/304B of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail. The victim lady unfortunately died by consuming poison within fifteen months of her marriage despite having a male child of six months old. The First Information Report lodged against the petitioners, would reveal the demand of dowry and the torture inflicted upon her.

Furthermore, the rice taking ceremony was fixed on 3rd May, 2021 and she died on 29th April, 2021. The investigation is at the nebulous stage and, therefore, we feel that the custodial interrogation of the petitioners is necessary to unearth the truth and to render complete and effective justice to the departed lady.

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

The application for anticipatory bail, being CRM 698 of 2021, is thus dismissed.

(Harish Tandon, J.) (Subhasis Dasgupta,J.)