Judgment · High Court
Case at a glance
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482
- Indian Penal Code, 1860 ss. 34, 120B, 201, 302
Key paragraphs
- Para 33. We have considered the materials on record. Statement of wife of the deceased show her husband was threatened on a number of occasions and on the fateful day he was taken to the house of Majibar. Her statement implicates the petitioner in the alleged…
- Para 44. Accordingly, prayer for anticipatory bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)
Judgment
Mr. Sekhar Kumar Basu, Sr. Adv. Mr. Antarikhya Basu Ms. Madhumita Basak …… for the petitioners Mr. Bibhaswan Bhattacharya Mr. Afreen Begum …… for the State Ms. Minoti Gomes Mr. J. I. Hossain …… for the de facto complainant
Learned senior Counsel for the petitioner submits there was a dispute amongst family members due to the fact that the daughter of the co-accused Majibar Khan had eloped with the son of the deceased. He has been falsely implicated. He prays for anticipatory bail.
Learned Counsel for the State opposes the prayer for anticipatory bail and submits petitioner had threatened family of the deceased on a number of occasions. Thereafter deceased was taken to the house of Majibar and thereafter his body was dropped at the local hospital. 2
We have considered the materials on record. Statement of wife of the deceased show her husband was threatened on a number of occasions and on the fateful day he was taken to the house of Majibar. Her statement implicates the petitioner in the alleged crime. Accordingly, we are not inclined to grant anticipatory bail to the petitioner.
Accordingly, prayer for anticipatory bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)
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