CRM 10695 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 15.11.2019 in connection with Sankrail Police
Station Case No. 630 of 2019 dated 01.08.2019 under Sections
498A/Section406/Section376 of the Indian Penal Code.
In Re: Sk. Kiyam
… … Petitioner.
Mr. Sanjib Mitra
Mr. Suryasarathi Basu
… for the petitioner.
Mr. Gautam Banerjee
… … for the State.
It is submitted on behalf of the petitioner that co-accused husband has
been granted pre-arrest bail.
Learned lawyer for the State opposes the prayer for anticipatory bail and
submits that petitioner i.e. brother-in-law of the victim had forcibly ravished her.
Having considered the materials in the case diary disclosing prima facie
involvement of the petitioner in subjecting the victim housewife to physical
assault and rape and as the petitioner does not stand on the same footing with
the co-accused person who has been granted anticipatory bail, we are not
inclined to grant anticipatory bail to the petitioner.
The application for anticipatory bail is, thus, rejected.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)