Motari Bibi @ Motori Bibi v. State Of West Bengal

C.R.M. (A) 4070 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Raghunathganj Police Station Case No. 387 of 2023 dated 09.05.2023 under Sections 498A/326/307/34 of the IPC and Sections 3/4 of the D.P. Act.

And In the matter of: Motari Bibi @ Motori Bibi ....petitioner.

Ms. Minoti Gomes ...for the petitioner.

Mr. Bidyut Kumar Dey Ms. Sima Biswas ...for the State.

06.10.2023 SL. 15 Court No. 29 Suvayan (Rejected)

1. Heard learned Advocate for both the parties.

2. The present petitioner is the mother-in-law of the victim lady. From the injury report of the victim, we found that she had suffered burn injury over her leg and left thigh. From the statement of the victim as recorded under Section 161 Cr.P.C., we find that it is the version of the victim that on the relevant day and hour the present petitioner being the mother-in-law of the victim lady instigated her son (victim's husband) to pour kerosene oil upon her and to ablaze her and as per her instruction the husband of the victim put fire on her leg by pouring kerosene.

3. Since the involvement of the present petitioner in the alleged crime against the victim wife is found to be prima facie prominent, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

5. Accordingly, the prayer for the anticipatory bail is rejected.

6. The application being CRM (A) 4070 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)