24.04.2025 Court No.28 Item No.19 tbsr Rejected CRM (A) 1252 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Women P.S. Case No.22 of 2025 dated 24.02.2025 under Sections 329(3)/64/62/115(2)/118(2)/351(2)(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Makbul Hossain @ Md. Mokbul Hossain ….Petitioner. Mr. Arnab Chatterjee Ms. Paulami Bose …for the petitioner. Mr. Bibhasan Bhattacharyya Ms. Dabjani Sahu …..for the State Report filed on behalf of the State regarding service by the de facto complainant is taken on record. Despite service, no one appears on behalf of the de facto complainant. Learned counsel appearing on behalf of the petitioner submits as follows. The alleged victim is a distant relation of the in-laws of the petitioner’s sister. There was a matrimonial discord in the sister’s house. The petitioner and others went to settle the matter. An altercation ensued. There was no attempt made to sexually assault any one. Afterwards, the said sister lodged a criminal case, inter alia, under Section 85 of the BNS. The instant case was started by way of an application before the learned Magistrate made after 48 days of the incident. Other accused have been granted anticipatory bail by the Sessions Judge. 2 Learned counsel appearing on behalf of the State refers to the statement of victim recorded before the learned Magistrate. The same does not refer to any attempt to rape. However, it indicates that the petitioner and some others assaulted her. The assault led the fracture of a fifth metacarpal bone. In view of the statements of an eye witness and of the injured victim read with the injury report, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application for anticipatory bail is rejected. (Jay Sengupta, J.)