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Judgments of Supreme Court of India and High Courts

2018 vs In Re: Laili Bibi on 13 March, 2019

1

13.03.2019

Item No.11
Court No.16
AP
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
2018.

And

In Re: Laili Bibi
…Petitioner
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
2

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

this Court.

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.)

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