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Calcutta High CourtCRM (DB)/4808/2023rejected

Anisha Khatoon v. State Of West Bengal

2024-01-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

05.01.2024.

27.

Ct.No.28 as (Rejected) C.R.M. (DB) 4808 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bagnan P.S. Case No.210 of 2023 dated 19.05.2023 under Section 302 of the Indian Penal Code and charge sheet submitted under Section 302 of the Indian Penal Code.

In the matter of : Anisha Khatoon.

... Petitioner.

Mrs. Karabi Roy, Mr. Maidul Islam Kayal, Mr. Sumit Naskar.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Mr. Subham Bhakat.

...for the State.

1.

Petitioner contends deceased suffered accidental death. She is in custody for 229 days. Accordingly, she prays for bail.

2.

Learned Advocate for State opposes the bail prayer. He submits petitioner is the step mother of the deceased, a eight year old child. Post mortem report shows injuries on her neck and other parts of the body. Her body was found in the bathroom under unnatural circumstances. 3.

We have considered the materials on record. Post mortem report shows injuries on the body of the victim. Also her body was found in the latrine under unnatural circumstances. These materials prima facie implicate the petitioner in the offence.

4.

Hence, we are not inclined to grant bail to petitioner at this stage.

5.

Accordingly, the prayer for bail of petitioner is rejected.

6.

We request the trial court to expedite the trial and conclude the same at an early date without granting unnecessary adjournment to either of the parties. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)