Calcutta High CourtCRM (A)/2538/2023allowed

Kohinur Bibi @ Kohinoor Bibi v. State Of West Bengal

2023-07-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray2 pages

19.07.2023 (M/L 140) Ct. No.29 Allowed (SKB) CRM (A) 2538 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raghunathganj P.S. Case No.84/2023 dated 28.01.2023 under Sections 498A/302/304B/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

In the matter of : Kohinur Bibi @ Kohinoor Bibi ... Petitioner Mr. Tapodip Gupta ... for the petitioner Mr. Swapan Banerjee, Mr. Anindya Sundar Chatterjee ... for the State

1. Heard the learned Counsel for the parties and considered the materials placed by them including the statements of the witnesses. Charge-sheet is stated to be filed.

2. The petitioner is stated to be the mother-in-law of the deceased. It is fairly submitted at the Bar that there is omnibus allegation against the petitioner so far as the torture and harassment on the deceased for demand of dowry is concerned. It is further found from the injury report of the victim that the victim has stated to the medical officer that she sustained burn injury accidentally. There are, however, some statements of some relatives of the deceased to the effect that the

husband of the deceased and the present petitioner poured kerosene and set her ablaze.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned ACJM, Jangipur, Murshidabad in the aforesaid P.S. case within 15 days from today. On her surrender and application for bail, she shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. The application being CRM(A) 2538 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)