Calcutta High Court (Appellete Side)
Indrojit @ Indu Chowdhury vs The State Of West Bengal on 23 April, 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.2566 of 2014 Indrojit @ Indu Chowdhury v.
The State of West Bengal Mr. Kallol Basu Mr. Siladitya Sanyal ... for the petitioner.
Ms. Sujata Das ... for the State.
Heard on :- April 23,2014.
Order on :- April 23,2014.
Jayanta Kumar Biswas, J:- The petitioner in the CRM saying that he is apprehending arrest in connection with Alipurduar P.S.Case No.485 of 2013 dated October 21,2013 under ss.509/120B/448/341/376/511/325 323/324/ 506 /34 IPC is seeking bail under s.438 CrPC.
Mr. Sanyal led by Mr. Basu has submitted as follows. The petitioner is the younger brother in-law of the de facto complainant. The de facto complainant and her husband has been living separately as will appear from the document at p.22 executed by and between the de facto complainant's husband and the petitioner's father (also the father in-law of the de facto complainant). There is no material to support the accusation of commission of an offence under s.376/511. Probably there will be no medical paper to support a case of grievous hurt. Hence the petitioner is entitled to anticipatory bail.
2Ms. Das appearing for the State has produced the case diary and referred to the injury report at p.21, statements of witnesses at pp.11-12 and the statement of the victim recorded under s.164 CrPC.
The victim has narrated in detail how the petitioner and his another brother attempted to commit rape on her and how they together battered her husband and her and caused them bodily injuries. The accusation of battering is supported by the independent witness. The injury report is of some importance. On these facts, we think the petitioner is not entitled to anticipatory bail.
For these reasons, we dismiss the CRM. Certified xerox.
sh ( Jayanta Kumar Biswas, J)
(Indrajit Chatterjee, J)