Munjera Bewa(Bibi) And ANR v. State Of West Bengal

CRM 2478 of 2021 (Via Video Conference) 25.06.2021 Court No.28 Item No.29 (Rejected) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Bharatpur Police Station Case No. 300 of 2019, dated 28.10.2019 under Sections 498A/307 of the Indian Penal Code read with Section 304(B)/302/34 of the Indian Penal Code.

Akd & As And In the matter of : Munjera Bewa (Bibi) & Anr.

...Petitioners

Mr. Manas Kumar Das.

...For the Petitioners Mr. S. G. Mukherjee, Ld. P.P., Ms. Faria Hossain, Mr. Aniket Mitra.

...For the State.

The Advocate on Record of the petitioners undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioners have filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Bharatpur Police Station Case No. 300 of 2019 under Sections 498A/307 of the Indian Penal Code read with Section 304(B)/302/34 of the Indian Penal Code.

This is the third application for bail at the behest of the petitioner no. 1. An unfortunate lady died on a burn injury. There is a dying declaration recorded by the Doctor, where she expressly indicated the role of the petitioners in pouring the kerosene oil and setting her on fire. The case has matured enough and, in fact, the trial is in progress.

We do not think that it is a fit case, where the petitioners should be enlarged on bail.

Accordingly, the prayer for bail of the petitioners is rejected. The application for bail, being CRM 2478 of 2021, is thus dismissed.

(Harish Tandon, J) (Subhasis Dasgupta, J.)