CRM 2626 of 2019
Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 27th February, 2019 in connection with Sahebganj Police
Station Case No.571 of 2018 dated 22.12.2018 under Sections 498A, 302
and 34 of the Indian Penal Code corresponding to G.R. Case No.595 of
In Re: Laili Bibi
Ms. Mousumi Bhowal
… For the Petitioner
Mr. P. Ganguly
… For the State
The petitioner seeks bail in connection with Sahebganj Police Station
Case No.571 of 2018 dated 22.12.2018 under Sections 498A, 302 and 34 of
the Indian Penal Code corresponding to G.R. Case No.595 of 2018.
The petitioner is the mother-in-law of the victim who suffered death
due to ante-mortem injuries as per the post- mortem report.
The petitioner claims not to have been in the house when the
incident occurred and refers to her husband obtaining anticipatory bail
from this court.
The State refers to the statements of neighbours who indicated that
the petitioner was active in torturing the victim upon demands for dowry
not being met.
However, there is a confession attributed to the husband of the victim
appearing from the statement of a witness recorded under Section 164 of
the Code. Such statement claims that the husband confessed to having
committed the offence at a time when the husband’s parents may not have
been at home.
Notwithstanding the State’s assertion that the petitioner may have
been involved in torturing the victim, there does not appear to be any
material linking the petitioner to the death of the victim.
The petitioner will be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount,
to the satisfaction of the Additional Chief Judicial Magistrate, Dinhata on
the conditions that the petitioner will not intimidate any witness or tamper
with any evidence in any manner whatsoever and the petitioner will be
obliged to attend Court on the dates fixed for the trial.
In the event the petitioner violates any of the conditions indicated
above, the trial court will be at liberty to cancel the bail without reference to
The prayer for bail is allowed, subject to the conditions stated above.
Certified photocopies of this order, if applied for, be supplied to the
parties upon compliance with all requisite formalities.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)