Majida Bibi v. State Of West Bengal
81.
31-08-2021 (ct. no.32) debajyoti CRM 4609 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhangore Police Station Case No.213 of 2017 dated 18-06-2017 under Sections 498A/406/302/304B/34 of the Indian Penal Code and Sections 3/4 of the D. P. Act.
- A n d - In the matter of : Majida Bibi .... Petitioner.
Mr. Mrinal Kanti Mukherjee, Mr. Subhajyoti Chandra ... For the Petitioner.
Mr. Debabrata Chatterjee, Mrs. Manasi Roy ... For the State.
The petitioner is the mother-in-law of the victim lady, who apparently was set on fire within eight months of her marriage. She succumbed to the burn injuries. The petitioner says that she has no role to play in the death of the victim. She has been falsely implicated. Charge has not yet been framed.
We have seen the dying declaration of the victim. She specifically stated that the husband and the mother-inlaw (present petitioner) poured kerosene on her and set her on fire saying that they would lead a happy life once the victim dies. We have also considered the other material in the Case Diary including the statements of witnesses. The petitioner says that other accused persons have been granted bail by the learned trial Court and the petitioner stands on the same footing.
We are unable to agree with the petitioner. She does not appear to be on the same footing as the persons who have been granted bail by the learned trial Court. We are unable to accede to the petitioner's prayer for bail at this stage. However, considering the fact that the petitioner has been in custody for about three and a half years, we request the learned trial Court to expedite the consideration of charge and bring the trial to its logical conclusion as early as possible.
The application for bail being CRM 4609 of 2021 is, thus, dismissed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )