Calcutta High Court (Appellete Side)
Under Sections 341/326/307/302/34 Of ... vs In Re : Husnara Khatun on 5 August, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
05.08.2022 18 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3754 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 803 of 2021 dated 17.09.2021 under Sections 341/326/307/302/34 of the Indian Penal Code.
And In Re : Husnara Khatun ...... petitioner Mr. Pronojit Roy Mr. Sudip Guha ....for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ....for the State Petitioner prays for anticipatory bail. Learned advocate appearing for the petitioner submits that, the principal accused is in custody. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required.
Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C) as also the 161 Cr.P.C. statement thereof.
There are materials in the case diary including 161 Cr.P.C. statement implicating the petitioner and ascribing specific role to the petitioner in the incident..
In such circumstances, we are unable to grant anticipatory bail to the petitioner. 2 Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 3754 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)