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Calcutta High CourtCRM (A)/812/2026rejected

Machli Bibi @ Sekh Maslima @ Mochhli Bibi v. State Of West Bengal

2026-05-05Hon'Ble Justice Jay Sengupta3 pages

05.05.2026 Court No.28 Item No. 99 & 102 tbsr CRM (A) 812 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj P.S. Case No.892 of 2025 dated 31.10.2025 under Sections 85/117(2)/123/109 of the BNS and Section 4 of Dowry Prohibition Act, 1961.

And In the matter of: Machli Bibi @ Sekh Maslima @ Mochhli Bibi. ....Petitioner.

With CRM (A) 845 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj P.S. Case No.892 of 2025 dated 31.10.2025 under Sections 85/117(2)/123/109 of the BNS and adding Section 103 of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961.

And In the matter of: Sonali Bibi.

....Petitioner.

Mr. Sumanta Das ...for the petitioner.

Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha ....for the de facto complainant.

The applications for anticipatory bail being CRM(A) 812 of 2026 and CRM(A) 845 of 2026 are taken up for hearing together as they arise out of the same case, being Kaliganj P.S. Case No.892 dated 31.10.2025 under Sections 85, 117(2), 123 and 109 of the BNS and Section 4 of the Dowry Prohibition Act.

No one appears on behalf of the State. However, earlier the State had produced the case diary, which has been perused. A pen drive

containing a purported dying declaration of the alleged victim was also supplied and taken on record. The same has also been perused. As per the dying declaration as recorded by videography, the alleged victim stated that the husband and the parents-in-law poured poison into her mouth.

Heard the learned counsels for the appearing parties. Considering the above and the other materials available in the case diary, the materials as perused earlier and the dying declaration as contained in the pen drive in the form of videography, the alleged roles ascribed to each of the present petitioners and the fact that charge sheet has been submitted, while I am inclined to grant anticipatory bail to the petitioner, Sonali Bibi, the sister-in-law in CRM(A) 845 of 2026, the application for anticipatory bail of the mother-in-law, namely, Machli Bibi @ Sekh Maslima @ Mochhli Bibi in CRM (A) 812 of 2026 is rejected.

In the event of arrest, the petitioner, namely, Sonali Bibi shall be released on bail upon furnishing a bond of Rs.10,000/- 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 condition that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses.

The applications for anticipatory bail are, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)