Calcutta High Court (Appellete Side)
Hossain Mondal & Anr vs The State Of West Bengal on 26 March, 2014
Author: Jayanta Kumar Biswas
Bench: Indrajit Chatterjee, Jayanta Kumar Biswas
1 In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Present : The Hon'ble Mr Justice Jayanta Kumar Biswas and The Hon'ble Mr Justice Indrajit Chatterjee C.R.M. No.4326 of 2014 Hossain Mondal & Anr.
-vs-
The State of West Bengal
Mr. Abdur Rakib ...for the petitioners
Ms. Puspita Saha ...for the State
Heard on: March 26, 2014
Order on: March 26, 2014
Jayanta Kumar Biswas, J : The two petitioners in the CRM saying that they are apprehending arrest in connection with Thanarpara P.S. Case No.209 of 2013 dated September 11, 2013 under ss.341/324/325/354/ 379/34 IPC are seeking bail under s.438 CrPC.
Advocate for the petitioners has submitted as follows. The de facto complainant and her people came to the petitioners' place, attacked them and beat them. The first petitioner informed the police that registered Thanarpara P.S. Case No.208 of 2013 dated September 11, 2013 under ss.448/324/325/354/379/34 IPC. The de facto complainant instituted the case as a counterblast to the case. The petitioners instituting the case first should be granted anticipatory bail.
In the case instituted by the petitioners twelve persons were named as accused, and in the case in which the petitioners are seeking anticipatory bail the de facto complainant named eight persons as accused. The case diary materials contain four injury reports at pp.19-22. The reports reveal that all the 2 four sustained injuries. The reports support the prosecution case stated in the written information of the de facto complainant, on the basis whereof the FIR was registered.
We are unable to accept that since over the same incident the petitioners filed the first case, they are entitled to anticipatory bail. There is no basis for the proposition. Having regard to the nature of the allegations, we think it is not a case for anticipatory bail.
For these reasons, we dismiss the CRM. Certified xerox.
(Jayanta Kumar Biswas, J) (Indrajit Chatterjee, J) sb