Halima Khatoon v. State Of West Bengal

26.04.2022 Serial no.67 [Dd] (Bail Rejected) CRM (DB) 1087 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Entally Police Station Case No. 385 of 2021 dated 27.11.2021 under Sections 307 of the Indian Penal Code later charge sheet filed under Sections 498A/302/406/34 of the Indian Penal Code read with sections 3 and 4 of Dowry Prohibition Act.

-AndIn the matter of : Halima Khatoon ... ...Petitioner Mr. Debasish Roy, Mr. Sabir Ahmed, Mr. Ali Ahsan Alamgir, Ms. Rabia Khatoon, Advocates ... ... For the Petitioner Mr. Saswata Gopal Mukherji, learned. PP Mr. Partha Pratim Das, Ms. Manasi Roy, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is of advanced age and suffering from various medical conditions. He refers to the statements recorded by the neighbours relating to the incident. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. In particular, he draws the attention of the Court to the dying declaration of the victim recorded by the Doctor on November 27, 2021 at 2 : 25 P.M.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim made before the Doctor as transpiring from the materials in the case diary, implicates the petitioner in the incident.

According to the victim, the petitioner poured kerosene oil over her and set her on fire.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 1087 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)