Calcutta High Court (Appellete Side)
Indian Penal Code vs In Re : Sahara Begum on 29 November, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
29.11.2022 28 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5523 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia Women Police Station FIR No. 96 of 2022 dated 11.10.2022 under Sections 498A/323/307/506/34 of the Indian Penal Code, 1860.
And In Re : Sahara Begum ...... petitioner Ms. Devi Priya Mitra ....for the petitioner Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ....for the State Petitioner prays for anticipatory bail. Learned advocate appearing for the petitioner submits that, the police complaint was lodged 16 years after marriage. The husband was granted bail by the Jurisdictional Court. The injury is not of grievous hurt. The petitioner is a lady and, therefore, custodial interrogation is not required.
Learned advocate appearing for the State submits that, the de-facto complainant suffered human bite and that the same appears from the medical examination report of the de- facto complainant.
The de-facto complainant was examined at a government hospital. The injury report of the de-facto complainant specifies that she suffered human bite over left hand side and upper part of the left hand. She also suffered blunt trauma over the face. She was also physically assaulted. 2 The petitioner is the person who apparently, inflicted the bite mark on the de-facto complainant.
In such circumstances, we are unable to grant anticipatory bail to the petitioner.
Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 5523 of 2022 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)