Calcutta High CourtCRM(A)/607/2023rejected

Sujay Barman v. The State Of West Bengal

2023-09-01Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Lapita Banerji2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 01.09.2023 Court No.01 rpan/ 06 CRM (A) 607 of 2023 In Re: Sujay Barman - Petitioner Mr. Partha Pratim Sarkar, Mr. Sudip Guha ... for the Petitioner.

Mr. Kallol Acharjee, Mr. Sourav Ganguly, Mr. Subhasish Misra ... for the State Apprehending arrest in connection with Boxirhat Police Station Case No.152 of 2023 dated 13.04.2023 under Sections 498A/306/34 of the Indian Penal Code, the present application has been preferred.

Mr. Sarkar, learned counsel appearing on behalf of the petitioner submits that the FIR has been lodged on April 13, 2023 almost one year after the occurrence of death of the victim on April 21, 2022. The complaint made by victim's mother is a belated one and the petitioner has been falsely implicated in the alleged offence. Therefore, the petitioner prays for anticipatory bail as custodial interrogation is not necessary.

Mr. Acharjee, learned counsel appears on behalf of the State and draws the attention of this Court to the contents of the FIR. He submits that not only the victim was mentally and physically tortured at her matrimonial home but due to the threat of uploading certain indecent pictures on the social media, the victim was induced to take irreversible step of committing suicide.

Considering the rival submissions of the parties and materials placed on record, this Court finds that the marriage between the petitioner and the victim took place on March 7, 2021. Shortly after marriage the victim was forced to leave her matrimonial residence and reside at her parental home. Thereafter, it prima facie appears from the contents of the FIR that the victim was threatened by the petitioner with uploading of certain intimate photographs on the social media. The same induced the victim to commit suicide.

In the circumstances aforesaid, this Court is not willing to grant the prayer for anticipatory bail.

Accordingly, CRM 607 of 2023 is dismissed.

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