Fatema Bibi And ORS. v. State Of West Bengal

26.02.2026 Court No.28 Item No.39 ssi CRM (A) 509 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Tapan Police Station Case No.684 of 2025 dated 18.11.2025 under Sections 85/109/82(1) of the BNS 2023 read with Sections 3 and 4 Dowry Prohibition Act.

And In the matter of: Fatema Bibi & others.

.... Petitioner.

Mr. Sunayan Ghosh Mr. Amit Ranjan Pati Mr. Avijit Chatterjee ...for the petitioners Mr. Kaushik Choudhury Mr. Dwaipayan Panda ...for the de facto Mr. Bidyut Kumar Ray Mr. Sachit Talukdar ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents in law and the alleged paramour of the husband of the de facto complainant. The marriage between the couple took place about four years ago. The husband has already been arrested in this case.

Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. Learned counsel appearing on behalf of the State relies on the statements of the witnesses including the victim recorded before the learned Magistrate. However, he submits that the petitioner no.3 is the second wife of the principal accused. The allegation is of an attempt by the husband along with petitioner no.3, to set the victim on fire. However, no burn injury was caused.

Considering the above, the other materials available in the case diary and the fact that one of the principal accused is in custody, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioners shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no.2 shall meet the I.O. once a week till submission of report in final form.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)