Calcutta High Court (Appellete Side)
Sk. Abed Ali vs Unknown on 6 December, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
06.12.2022 Sl.31 C.R.M. (A) 5676 of 2022 Court No.29 (AD) In Re: - An application for anticipatory bail under Section 438 of (Rejected) the Code of Criminal Procedure in connection with Bagnan Police Station Case No.360 of 2022 dated 10/07/2022 under Sections 498A/306/304B/34 of the Indian Penal Code and read with Sections 3/4 of the Dowry Prohibition Act.
And In the matter of: Sk. Abed Ali ....petitioner.
Mr. S.M. Obaidullah Ms. Ankita Dey ... for the petitioner.
Mr. Saswata Gopal Mukherjee, Ld. PP Ms. Debjani Sahu ... for the State.
Petitioner prays for anticipatory bail. Learned Advocate appearing for the petitioner submits that the petitioner is the father-in-law of the victim. The police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required.
The husband and the brother-in-law of the deceased were granted bail by the jurisdictional Court.
Learned Advocate appearing for the State draws the attention of the Court to the statement of the father of the victim recorded under Section 161 of the Code of Criminal Procedure.
Apparently, the father of the victim received a phone call half an hour before the death of the victim where the victim claiming she was tortured by her in-laws and was being assaulted.
Apparently, the victim committed suicide. The death occurred within two years of marriage. 2 Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
C.R.M. (A) 5676 of 2022 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)