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Calcutta High Court (Appellete Side)

Penal Code vs In Re : Madhusudan Das on 19 February, 2024

Author: Debangsu Basak

Bench: Debangsu Basak

19.02.2024
21
Ct. No. 29
S.D.
REJECTED

C.R.M.(A) 527 of 2024

In Re:- In Re:- An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure in connection
with Pingla Police Station Case No. 262 of 2023 dated
18.10.2023 under Section
498A/323/325/326/307/354/379/427/34 of the Indian
Penal Code.

And

In Re : Madhusudan Das
…… petitioner
Md. Sabir Ahmed
Ms. Suman Biswas
…for the petitioner
Mr. Ranadeb Sengupta
…for the State

The petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits

that, the police complaint was lodged 28 years after marriage.

Petitioner was falsely implicated due to political affiliation.

Learned advocate appearing for the State draws the

attention of the Court to the materials in the case diary.

We find from the materials in the case diary that the

sister of the defacto-complainant suffered fracture injuries. She

was hospitalized for 7 days.

There are matrimonial issues between the sister of the

defacto-complainant and the petitioner before us, who is her

husband.

Petitioner before us stands implicated in the incident of

assault resulting in the fracture suffered by such victim.
2

Materials also suggest physical and mental torture.

In such circumstances, we are unable to grant

anticipatory bail to the petitioner and the prayer for anticipatory

bail is rejected.

The application being CRM (A) 527 of 2024 is dismissed.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)