Calcutta High CourtCRM (A)/5763/2022dismissed as rejected

Sheuli Bibi And ANR v. State Of West Bengal

2022-12-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5763 of 2022 12.12.2022 Sl.44 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nanoor Police Station Case No.109 of 2022 dated 16/09/2022 under Sections 498A/328/304B/302/34 of the Indian Penal Code, 1860, corresponding to G.R. Case No.960 of 2022. And In the matter of: Sheuli Bibi & Anr.

....petitioners.

Mr. Malay Bhattacharyya Ms. Shefa Mondal ... for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Ms. Manasi Roy ... for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the first petitioner is the married sister-in-law of the victim. She lives separately for the last eight years. The second petitioner is the unmarried sister-in-law of the victim.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the postmortem report of the victim and the statements of the neighbours recorded under Section 161 of the Code of Criminal Procedure. He submits that there are several statements of the neighbours who claimed that the victim prior to her death made dying declarations before them.

There are materials in the case diary implicating both the petitioners.

Apparently, the claim is that the petitioners were involved in forcing the victim to consume poison. There are statements recorded under Section 161 of the Code of Criminal Procedure of persons claiming that the victim made the oral dying declarations before them implicating the petitioners.

The post-mortem report of the victim suggests that the victim died by poisoning.

In such circumstances, considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 5763 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)