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Calcutta High CourtCRM (DB)/3789/2023rejected

Sabekunnahar Bibi v. State Of West Bengal

2023-10-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

03.10.2023 sdas rejected C.R.M.(DB) No. 3789 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 141 of 2023 dated 13.04.2023 under Sections 302/120B/34 of the Indian Penal Code.

And In Re : Sabekunnahar Bibi .... Petitioner Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. June Modak ....for the petitioner Ms. Zareen N. Khan Mr. Ashok Das ...... for the State Mr. Debapriya Samanta ...... for the de facto complainant

1. Learned Counsel for the petitioner submits she is in custody for 173 days. It is also submitted that there is no direct evidence implicating the petitioner in the murder. She prays for bail.

2.

Learned Counsel for the State opposes the prayer for bail and submits bail prayer of co-accused was turned down in August, 2023.

3.

Learned Counsel for the de facto complainant also opposes the bail prayer.

4. We have considered the materials on record. Petitioner is the wife of the victim. She along with her daughter and son-

in-law emasculated the victim. As a result he died. Bail prayer of the co-accused/daughter had been turned down. Bail granted to the co-accused was on different ground. Accordingly, we are not inclined to grant bail to the petitioner.

5. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)