Bali Bibi Alias Rehana Mallik And ORS v. State Of West Bengal

13.05.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2172 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 166 of 2022 dated 23.03.2022 under Sections 498A/307/34 of the Indian Penal Code, 1860.

And In Re : Bali Bibi alias Rehena Mallik & Ors.

...... petitioners Mr. SM Samim Ullah ....for the petitioner Mr. S. S. Imam Mr. R. Jana ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). In her 164 Cr.P.C. statement, she states that after she gave birth a female child, she was tortured, inter alia, by the petitioners by pouring kerosene oil over her and setting her on fire.

The materials in the case diary suggest requirement of custodial interrogation of the petitioners.

Consequently, we are unable to grant anticipatory bail to any of the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 2172 of 2022 is dismissed.

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