Jyotsna Bhuimali v. State Of West Bengal

04-07-2023 (ct. no.29) KOLE Allowed CRM (A) 2303 of 2023 In re: An application for bail under Section 438 of the Code of Criminal Procedure in connection with Paikar Police Station Case No. 22 of 2023 dated 23.01.2023 corresponding to G.R.

Case No.

of under Sections 448/323/325/307/506/34 of the IPC adding Section 302 IPC.

- A n d - In the matter of : Jyotsna Bhuimali .... Petitioner.

Mr. Jahangir Hossain, ... For the Petitioner.

Mr. R. Roy Chowdhury, Mr. Mainak Gupta, ... For the State.

1.

Heard Learned Counsel for the parties.

2.

The occurrence happened when the present petitioner started assaulting the deceased by fist and kick blows. When the victim fell on the ground, petitioner's son came and assaulted the deceased mercilessly with a bamboo stick. The P.M. report is suggestive of death due to the head injury. The present petitioner seems to have no role to play so far as head injury is concerned. Charge sheet has already been filed. There is no need of further custodial interrogation of the present petitioner. The son of the present petitioner is stated to have been released on regular bail.

3.

Regard being had to such facts and submissions and especially the manner of assault by the present petitioner, it is directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Suri in the District of Birbhum in GR Case no. 118 of 2023 within 15 days from today. On her appearance and application for bail she shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4.

Accordingly, the prayer for anticipatory bail is allowed.

5.

The application being CRM (A) 2303 of 2023 is disposed of.

( Chitta Ranjan Dash, J. ) ( Apurba Sinha Ray, J. )