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Lalan Bibi @ Lalun Bibi vs Unknown on 21 February, 2019

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9

C.R.M. 1959 of 2019

In re: An application for bail under Section 439 of the Code of Criminal Procedure
filed on February 14, 2019 in connection with Salar Police Station Case No. 53 of
2018 dated 02.4.2018 under Sections 498A/326/307/34 of the Indian Penal
Code and 3/4 of the D.P Act and adding Sections 302/304B of the Indian Penal
Code.

And

In the matter of: Lalan Bibi @ Lalun Bibi
…Petitioner.

Mr. Pratip Kumar Chatterjee … For the Petitioner

Mrs. Amita Gaur … For the State

It is submitted by the learned advocate for the petitioner that this petitioner is mother-in-
law of the victim and has been falsely implicated in this case. He further submits that the cousin
mother-in-law has already been granted bail while the father-in-law of the victim was granted
anticipatory bail by this Court as being suffering from cancer. He also submits that the charge
sheet has been submitted but trial has not been commenced and the petitioner is in custody for
314 days.

The learned advocate appearing on behalf of the State opposes the prayer for bail and
submits that prayer for bail of this petitioner was rejected by this Court on five occasions after
considering the materials in the case diary. She further submits that there are sufficient
materials in the case diary showing involvement of the petitioner in the commission of offence
alleged against her.

We have considered the submissions of the learned advocates appearing for the respective
parties and have perused the case diary.

Having considered the materials in the case diary including the statement of the witnesses
recorded under Section 161 Cr.P.C as also the dying declaration of the victim as also the nature
and gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

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Accordingly, the application for bail is rejected.

C.R.M. 1959 of 2019 is thus disposed of.

Urgent photostat copy of this order, if applied for, be given to the parties upon compliance
of all formalities.

(Md. Mumtaz Khan, J.)

(Tirthankar Ghosh, J.)

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