Piyali Basu Majumder@Majumdar v. The State Of West Bengal And ANR

23.09.2024 Calcutta High Court DL-77 In The Circuit Bench at Jalpaiguri (Dismissed) Appellate Side (AD) CRM (DB) 670 of 2023 In re: An Application for cancellation of Bail under Section 439(2) of the Code of Criminal Procedure, 1973.

-AndIn the matter of : Piyali Basu Majumder @ Majumdar ... ...Petitioner Mr. Debasish Mukherjee Ms. Srishti Sarkar ... ... For the Petitioner Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Subhasish Misra ... ... For the State Mr. Kumar Shantanu Ms. Puja Chakraborty ... ...For the opposite party no.2

1. Petitioner seeks cancellation of bail granted by the Order No.2 dated November 10, 2023 passed in Criminal Misc. Case No.2100 of 2023 by the Vacation Judge, Jalpaiguri.

2. Learned Advocate appearing for the petitioner submits that, the private opposite party no.2 was married. On the promise of giving job, petitioner was lured into a room at a hotel and was sexually assaulted. She was also beaten up. She submits that, an opportunity should be granted to file an affidavit-in-reply to bring on record the document establishing that a hotel room was booked in the name of the opposite party no.2.

3. State and the private opposite party no.2 are represented.

4. Learned Judge by the order dated November 10, 2023 considered the materials in the case diary. Learned Judge took into account that, a marriage was registered and performed between the opposite party no.2 and the petitioner. Petitioner suppressed that, she was previously married to another person and that, there was a daughter born out of the previous marriage.

Thereafter, matrimonial disputes arose between the petitioner and the opposite party no.2.

5. We do not find any ground to interfere with the impugned order.

6. Impugned order contains reasons as to why the opposite party no.2 was granted bail.

7. Apparently, petitioner before us entered into a marriage with the opposite party no.2 when there was a marriage existing of the petitioner with someone else and a child born out of such wedlock.

8. In such circumstances, CRM (DB) 670 of 2023 is dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)