Calcutta High Court Invokes Powers Under Article 226 Constitution To Cancel Bail Of Woman's In-Laws For Prima Facie Torture

While allowing the writ petition filed by the victim, the single judge bench of Justice Rajasekhar Mantha observed:

“This Court is of the view that the matter is indeed extraordinary in nature and calls for extraordinary measures. The petitioner is clearly a victim of continuous torture and oppression. The charges under Sections 376 and 354 of the Indian Penal Code have been prima facie established in the investigations by the police.”

The petitioner/victim has registered 11 FIRs against her-in-laws and several other persons for the offences including rape, hurt, outraging the modesty of woman, cruelty to woman and criminal intimidation at Kandi Police Station.

The court noted that in 10 FIRs chargesheet has been filed by the police against the accused. The court stated that accused are prima facie guilty of continuous offences against the petitioner.

The court further stated:

“It is baffling to note as to why Kandi Police Station has not opposed the bail to the accused persons before the Additional Chief Judicial Magistrate concerned and why the ten charge-sheets already filed against the said accused persons were not placed before the Additional Chief Judicial Magistrate concerned.”

“Such persons cannot be allowed to enjoy any liberty as they continue to be a threat to the petitioner. Such persons do not have any respect for the law. Bail granted to them by the Additional Chief Judicial Magistrate concerned on 6th February, 2023 is hereby cancelled by this Court in exercise of power conferred under Article 226 of the Constitution of India”, the court held.

The court directed the Kandi Police Station to take the accused persons into custody forthwith.

The court further ordered that a police picket, comprising of a male and female constable, shall be posted by Kandi Police Station outside the petitioner’s residence so that she may live there in peace without threat or intimidation from any persons.

Case Title: KB v. The State of West Bengal & Ors.

Citation: 2023 LiveLaw (Cal) 45

Coram: Justice Rajasekhar Mantha

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