The High Court at Calcutta, in a criminal miscellaneous application for bail under Section 439 CrPC, rejected the prayer. The petitioner faced charges of murder and causing death by ablution or manual strangulation of a two-month-old child arising from a family dispute.
Application for bail under Section 439 CrPC is rejected.
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09-10-2020 k.b./b.r. Item no.22 rejected
IN THE HIGH COURT AT CALCUTTA Criminal Miscellaneous Jurisdiction
C.R.M. No. 7371 of 2020 Khusmun Bibi @ Khosmun Bibi -vs-
The State of West Bengal (Via video conference)
In Re : An application for bail under Section 439 CrPC arising out of Sessions Serial No. 58 of 2020 corresponding to GR Case No. 1322 of 2019 arising out Bharatpur P.S. Case No. 252 dated 11.09.2019 under Sections 302/201/34 of the IPC.
Mr. Navanil De Mr. Rajeshwar Chakraborty …for the petitioner.
Mr. N. Ahamed Ms. Amita Gaur … for the State.
The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking.
This in an application under Section 439 in connection Sessions Serial No. 58 of 2020 corresponding to GR Case No. 1322 of 2019 arising out of Bharatpur PS Case No. 252 dated 11.09.2019 under Sections 302/201/34 of the Indian Penal Code.
The allegation against the petitioner is that on the score of family dispute the husband of the complainant, namely, Mikul Sk. And her mother-in-law of the complainant namely, Khusmun Bibi assaulted the victim and killed the two months old child by strangulating her and disposed of the dead body inside a well situated beside the river.
2
Having heard the learned advocate of the petitioner and the learned advocate for the State and after having considered the Case Diary the statement of the witnesses regarding post-mortem report which is homicidal in nature the death caused due to manual strangulation.
The prayer for bail is considered and is rejected at this stage.
[Shivakant Prasad, J.] [Subrata Talukdar, J.]
2 issues framed by the court
Whether bail should be granted to the petitioner in the instant criminal bail application.
Whether the allegations and circumstances justify the rejection of bail at this stage.
2 provisions across 2 enactments
Khusmun Bibi @ Khosmun Bibi
The State of West Bengal
Shivakant Prasad
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
