Sarjina Khatun @ Sarjina Bibi And ANR. v. The State Of West Bengal

06.8.2024 Ct. No. 6 SL No. 51 SB C.R.M. (DB) 2447 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Thanarpara P.S. Case No. 221 of 2023 dated 06.10.2023 under Sections 498A/302/313/314/326A/34 of the Indian Penal Code.

And In the matter of: Sarjina Khatun @ Sarjina Bibi & Anr. Ms. Karabi Roy ...for the Petitioners Mr. Bitashok Banerjee Mr. Abhishek Verma ....for the State

1. Petitioners submit that they are the sister-in-law and mother-in-law respectively of the victim lady. They are in custody for 84 days. Another sister-in-law has been enlarged on bail. They pray for bail.

2. Learned lawyer for the State submits that the victim was given medicine and as a result she miscarried and died. She also suffered acid burn injuries.

3. We have considered the materials on record. Whether the miscarriage was due to administration of medicine by the petitioners is not supported by medical evidence. She miscarried and due to shock she died. Role of the petitioners in the cause of death has to be assessed during trial. One of the sisters-in-law is on bail. Petitioners are the other in-laws of the victim lady. They are ladies and there is no chance of abscondence.

4. Under such circumstances, we are inclined to grant bail to the petitioners.

5. Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, Tehatta, Nadia subject to the condition that the petitioners shall appear before the trial court on each and Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 9 th of August 2024 09:44:47 AM

every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event petitioners fail to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel their bail without any further reference to this Court.

7. The application for bail is, thus, allowed and disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 9 th of August 2024 09:44:47 AM