Bina Basfore v. The State of Tripura

Order

20/08/2024

Heard Mr. S. Rahaman, learned counsel appearing for the applicant. Also heard Mr. Raju Datta, learned PP appearing for the respondent-State. This is an application filed by the applicant under Section 438 Cr.P.C. in connection with East Agartala Women PS case No. 020 of 2024 registered under Sections 498A/302 of the IPC and under Section 4 of the Dowry Prohibition Act. The complainant being the brother of the deceased had lodged a complaint with the Officer-in-Charge of East Agartala Women police station alleging inter alia that the husband of the deceased, namely, Pintu Basfore and his mother, namely, Smt. Bina Basfore, together had forced the deceased to consume poison. Further allegation in the complaint is that the deceased before death was kept in a room under lock and key and no food was provided to her. On the basis of that complaint, the instant case had been registered. Mr. Rahaman, learned counsel for the applicant has submitted that the Investigating Agency is now trying to arrest the mother-in-law of the deceased i.e. mother of the principal accused. He has also submitted that the principal accused, Pintu Basfore has already been released on default bail after expiry of 90 days. Pursuant to Order dated 16.08.2024, the applicant, Smt. Bina Basfore is present before this court, who has been brought before this court in a wheel chair. It is submitted that her left side is semi-paralysed. I have personally observed her. She is not in a fit state of mind. She cannot even stand on her own. I have also perused the case diary as produced by learned PP. From the post mortem report, it is revealed that the stomach of the deceased was empty. It is also revealed from the post mortem report that there was no sign of injury on any of the body parts of the deceased. It is the case of the prosecution that some poison was mixed with water and she was forced to consume the said water kept in a glass. Police has not seized the said glass by which the poison was allegedly given to the victim. Considering the entirety of circumstances, as stated here-in-above, I am inclined to release the accused on anticipatory bail. Accordingly, it is ordered that in the event of arrest, the applicant, namely, Smt. Bina Basfore, shall be released on bail on furnishing a bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the Investigating Officer. However, the I.O. is at liberty to interrogate the applicant, Smt. Bina Basfore. Further, if the I.O. wants Bina Basfore to be examined by the State Standing Medical Board, he is at liberty to do so for the purpose of investigation. Accordingly, the instant anticipatory bail application stands allowed in the above terms. Return back the case diary. Personal appearance of the applicant, Smt. Bina Basfore is dispensed with.

JUDGE

SAIKAT KAR Date: 2024.08.21 10:19:18 +05'30'

HIGH COURT OF TRIPURA AGARTALA A.B. 34/2024 Bina Basfore ----Applicant(s) Versus The State of Tripura ----Respondent(s) For Applicant(s) : Mr. S. Rahaman, Advocate For Respondent(s) : Mr. Raju Datta, PP HON'BLE MR. JUSTICE ARINDAM LODH