Husband says Talaq, wife files RAPE case on Bro in law!! Riajul Mondal@Goro vs State of W.Bengal !! Rape filed 1 MONTH later !!!!

Husband says Talaq, wife files RAPE case on Bro in law!! Riajul Mondal@Goro vs State of W.Bengal !! Rape filed 1 MONTH later !!!! 

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Excerpts below (we leave your to take your own conclusions ) 

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"......The petitioner brothers-in-law of girl on whose complaint .... FIR. ...."

"......Her husband talaqed her on December 17, 2012 (p.12). ...."

"......The petitioner allegedly attempted to rape her on December 31, 2012. The complaint was filed one month thereafter....." 

The honourable court says "..... On the facts, it is difficult to believe the prosecution case......"

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CASE FROM JUDIS / INDIAN KANOON WEB SITE 

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Kolkata High Court (Appellete Side)

Goro - vs The State Of West Bengal Mr. Deep ... on 10 July, 2013

Author: Jayanta Kumar Biswas

In The High Court At Calcutta

07-2013 Criminal Miscellaneous Jurisdiction b-9 Appellate Side

C.R.M. No.9762 of 2013 

Riajul Mondal @ Goro

-vs-

The State of West Bengal

Mr. Deep Chaim Kabir Mr. Raju Mondal ...for the petitioner

Mr. Binoy Kumar Panda Mr. S. Mahapatra ... for the State

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The petitioner accused of offences under ss.498A/376/511/34 IPC and in custody from June 3, 2013 is seeking bail under s.439 CrPC.

Mr Kabir appearing for the petitioner has submitted as follows. 

The petitioner is one of the brothers-in-law of the girl on whose complaint the order was passed under s.156(3) directing registration of the FIR. The girl's parents-in-law have been granted bail, and husband and another brother-in-law have been granted anticipatory bail. Her husband talaqed her on December 17, 2012 (p.12). The petitioner allegedly attempted to rape her on December 31, 2012. The complaint was filed one month thereafter. On the facts, it is difficult to believe the prosecution case.           http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

Mr Panda appearing for the State has produced the case diary and has submitted that the s.164 statement clearly supports the prosecution case against the petitioner.         http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

After examining all aspects, we are of the view that it will be appropriate to grant the petitioner bail.           http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

For these reasons, we allow the CRM and direct that the petitioner shall be released on bail on a `20,000 bond with two sureties (one local) of `10,000 each - all to the satisfaction of CJM, Nadia; and that if released, he shall report to the investigating officer, during investigation, once in a week. Certified xerox.               http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

 (Jayanta Kumar Biswas, J) 

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