ORDER

16.09.2022 Date :

Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Mr.

Bhaskar Sarma, learned APP appearing for the State.

2. The petitioner, who was arrested on 22.07.2022 is seeking regular bail under section 439 Cr.P.C. in connection with Simaluguri P.S. Case No. 54/2022 under sections 120B/302 IPC.

3. The learned APP has submitted that the case diary is available with him in connection with Bail Appln. No. 2220/2022. The learned APP has opposed the prayer for bail.

4. On perusal of the case diary, it appears from the postmortem report that the victim girl is stated to be approximately 7 years of age. As per the inquest report, the injuries that were found inflicted upon the said deceased minor victim girl discloses horrific atrocities inflicted on her. She was found to have tear (deep cut) mark on left part of skull, bruises on right cheek, deep bruises near left eye with burn marks, cut marks along with deep burn all over the limbs, burn and cut marks on right hand, cut marks (sharp object) on left hand, burn marks (deep burn) on right leg, cut marks (doubted by sharp instrument/stick) along with deep burn marks on left leg, and even in the back of her body, deep large burn marks were found. She was found to be suffered from swelling in various areas of her body, which was suspected to be caused by blunt weapon and injury marks were noted on her left eye and bleeding was also noted. The postmortem report discloses her wound position as follows: (1) 3 day old healing scalds in the back of the thorax (about 25 cm X 30 cm), left buttock (about 15 cm X 15 cm), right arm (about 25 cm X 10 cm), right inner side of thigh (about 25 cm X 10 cm) and both knees (about 3 cm X 3 cm). Margin red and everted, (2) Black eye seen on left orbit externally. The bruise position, size and nature is as follows: healing would about 1 inch on the left parietal bone. In the medical opinion death occurred due to shock as a result of injury sustained by the deceased which in ante mortem in nature. To know other cause of death, visera was preserved and sent for forensic analysis and one finger preserved for DNA analysis.

5. Case diary further reveals that although the petitioner is not accused of assaulting the minor victim, and assault is attributed to her daughter and son-in-law, nonetheless, the case dairy reveals that the minor child was procured by the petitioner and it is alleged that she along with her daughter had forcefully brought the victim girl to the house of her daughter where they engaged her as a maid. Thus, the petitioner is found to be instrumental to force a 7 year old minor girl to work as maid.

6. Notwithstanding that the petitioner was arrested on 22.07.2022, the Court is of the considered opinion that this is not a fit case to release the petitioner, namely, Anjana Dutta on bail. Rather, it is left upon to the competent authorities to move in an appropriate manner to expedite the trial.

7. Accordingly, the prayer for bail is rejected.

8. Application stands disposed of.

9. Case diary is returned.

JUDGE

Comparing Assistant