The court considered an application for anticipatory bail under Section 438 CrPC in a case involving offences under Sections 498A, 307, and 34 IPC along with the Dowry Prohibition Act. Considering incriminating materials and the gravity of the offence, the application was rejected.
Application for anticipatory bail under Section 438 CrPC rejected.
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CRM No.714 of 2021 (Via video conference)
16.04.21 (S.R.) In re: An application for anticipatory bail under Section 438 of the Sl.17 Code of Criminal Procedure filed in connection with Tarapith Police Ct.28 Station Case No.71 of 2020 dated 01.12.2020 under Sections 498A/307/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act;
And
In re: Ranajit Das & Ors. … petitioners. Mr. Debabrata Acharyya … for the petitioners. Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen …for the State.
Petitioner no.1 is the elder brother-in-law, petitioner no.2 is the wife of the elder brother-in-law, petitioner no.3 is the married sister-inlaw, petitioner no.4 is the married sister-in-law, petitioner no.5 is brother-in-law and petitioner nos.6, 7 and 8 are wives of in-laws.
The learned counsel for the petitioners submits that the petitioner no.5 has been arrested during pendency of this application and as, against the petitioner no.5 this application is rejected. It is submitted that the other applicants are in no way connected and they have been falsely implicated in this case.
The learned counsel for the State, however, opposes the prayer for anticipatory bail of the petitioners and produces the statement of the victim girl recorded under Section 164 of the Criminal Procedure Code.
We have perused the case diary and the statement of the victim girl recorded under Section 164 of the Criminal Procedure code wherefrom we find that the husband and all the inmates of the matrimonial house have been implicated, namely, husband, Bhasur Nanad and Ja.
2
There are incriminating materials against the petitioner nos.1, 2, 3, 4, 6, 7 and 8. We have also taken into consideration the gravity of the offence and the injury sustained by the victim. On such consideration, we are not inclined to grant anticipatory bail to the petitioners.
(Tirthankar Ghosh, J.) (Soumen Sen, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to relatives implicated in a dowry and murder case.
Whether the gravity of the offence and injury sustained preclude the grant of anticipatory bail.
4 provisions across 3 enactments
Ranajit Das & Ors.
State
Tirthankar Ghosh
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
