Calcutta High Court (Appellete Side)
Avijit Das @ Raja Das vs The State Of West Bengal on 27 March, 2014
Author: Indrajit Chatterjee
Bench: Jayanta Kumar Biswas, Indrajit Chatterjee
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 CRM No.2079 of 2014 Avijit Das @ Raja Das v.
The State of West Bengal Mr. Manaranjan Mahata ... for the petitioner.
Mr. Madhusudan Sur ... for the State.
Heard on :- March 27,2014.
Order on:- March 27,2014.
Jayanta Kumar Biswas, J:- The petitioner in the CRM saying that he is apprehending arrest in connection with Rajarhat P.S.Case No.16/2014 dated January 25,2014 under ss.363/365 IPC is seeking bail under s.438 CrPC.
Advocate for the petitioner has submitted as follows. The petitioner and the girl were in love. The girl came to the petitioner of her own accord. The petitioner has married the girl. The petitioner's first wife left him and the petitioner is in possession of a divorce declaration.
Advocate for the State has produced the case diary and has submitted as follows. The petitioner is a maternal uncle of the nineteen-year old girl. The girl has written a letter that her parents used to torture her, and that of her own accord she left her 2 parental home and decided to marry the petitioner. The girl's specimen handwriting is in the case diary and steps will be taken for handwriting expert opinion.
The girl's letter is to be treated as her statement sent by post. It leads to the conclusion that the girl is with the petitioner, and the petitioner's own case is that he has married the girl. The petitioner married the girl during the lifetime of his spouse. There is nothing to show that he had divorced his first wife according to law. On these facts, we do not think the petitioner is entitled to anticipatory bail.
For these reasons, we dismiss the CRM. Certified xerox.
sh ( Jayanta Kumar Biswas, J)
(Indrajit Chatterjee, J)
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