Kamala Adhikari v. The State Of West Bengal

AD-27 Ct No.01 Jalpaiguri 12.09.2023 SP Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (DB) 554 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 06.09.2023 in connection with Dhupguri Police Station Case No. 390 of 2023 dated 02.08.2023 under Section 498A/204 of IPC.

And In the matter of: KAMALA ADHIKARI .... petitioner Mr. Supriya Debnath ... for the petitioner Mr. Tapan Bhattacharjee Mr. Dhiman Sil ... for the State

1. The petitioner, being the mother-in-law of the victim, seeks bail. The petitioner is in custody for 35 years and it is argued by learned counsel for the petitioner that the allegations are vague in nature against the petitioner. The principal accused (husband of the victim) is already in custody.

2. Learned counsel for the State opposes the prayer for bail and submits that the investigation is still going on.

3. That apart, it is submitted that the statements of the neighbors clearly incriminate the petitioner with equal involvement as the other co accused.

4. Upon considering the heinous nature of the alleged crime as well as the surrounding circumstances and the possible role of the petitioner in the alleged offence, we are not inclined to grant bail.

5. Accordingly, CRM (DB) 554 of 2023 is dismissed. (Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)