Calcutta High Court (Appellete Side)
498A/313/307/376/511/34 Of The Indian ... vs In Re: Sadhan Majhi & Anr on 23 December, 2019
1 23.12.2019
Sl No.90 AP CRM 12228 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 20.12.2019 in connection with Palashipara Police Station Case No.263/2019 dated 03.11.2019 under Sections 498A/313/307/376/511/34 of the Indian Penal Code.
And In Re: Sadhan Majhi & Anr.
... ... Petitioners.
Mr. Bitasok Banerjee, Mr. Amanul Islam, Mr. Sourav Mukherjee ... for the petitioners.
Ms. Sukanya Bhattacharyya, Mr. M.F.A. Begg ... ... for the State.
It is submitted on behalf of the petitioners that the instant case has been instituted in retaliation to a proceeding instituted by the husband of the victim lady under Section 97 of the Code of Criminal Procedure.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners and other accused persons assaulted the pregnant lady resulting in miscarriage.
We have considered the materials on record. Allegation of assault of the pregnant lady is evident from the medical papers page 44 of the case diary wherein the petitioners are named as her assailants. In view of the aforesaid facts and circumstances of the case, we are not inclined to grant anticipatory bail to the petitioners.
The application for anticipatory bail is, thus, rejected. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)