Basanti Sarkar v. State Of West Bengal

21.08.2023 (M/L 246) Ct. No.29 Rejected (SKB) CRM (A) 3045 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with G.R. Case No.1426 of 2023 arising out of Bongaon P.S. Case No.460 of 2023 dated 13.05.2023 under Sections 498A/326/307/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

In the matter of : Basanti Sarkar ... Petitioner Mr. Susnigdho Bhattacharyya, Ms. Bidisha Chakraborty ... for the petitioner Mr. Debabrata Chatterjee, ld. APP Mr. Santanu Chatterjee, Ms. Mousumi Sarkar ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner, who is the mother-in-law of the deceased has been specifically named by the deceased in her dying declaration as the person who had poured kerosene on her and her husband set her ablaze by a burning matchstick.

3. In view of the seriousness of the offence, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

4. The prayer for anticipatory bail is rejected.

5. Accordingly, CRM(A) 3045 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)