Manuara Khatun @ Manwara Khatun v. The State Of West Bengal

14.06.2022 cm/ct 28 C.R.M.(DB) No. 1630 of 2022 sl no. 38 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Harishchandrapur P.S Case No. 588 of 2021 dated 11.08.2021 under Section 302 of the Indian Penal Code. And Rejected In Re : Manuara Khatun @ Manwara Khatun ..... petitioner Mr. Tapan Datta Gupta Mr. Parvej Anam ...... for the petitioner Mr. S.S. Imam Mr. S. Kundu ...... for the State Petitioner renews her prayer for bail. She is in custody for 307 days. Learned Counsel appearing for the petitioner submits that she suffers from mental illness.

Learned lawyer for the State opposes the prayer for bail We have considered the materials on record prima facie disclosing role of the petitioner in murdering her own daughter. Mental incapacity of the petitioner was considered by a coordinate bench of this court while rejecting her bail prayer in March, 2022. There is no substantial change in circumstances since then. In view of the aforesaid facts and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage. In the event the petitioner is suffering from mental illness of such nature that she is unable to understand and participate in the trial, it is open to her take appropriate steps in accordance with law, is so advised.

The application being CRM(DB) No. 1630 of 2022 is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)