Zinnatun Nisha Bibi v. State Of West Bengal And ORS.

W.P.A. 6902 of 2025 Zinnatun Nisha Bibi.

VS The State of West Bengal & Ors.

Mr. Debajyoti Deb, Mr. Somdyuti Parekh.

... for the Petitioner.

Mr. Anindam Jana, Mr. Yuvraj Chatterjee.

...for respondent nos. 5 &6.

Ms. Sonal Sinha, Mr. Debangshu Dinda, Mr. Sandipan Das.

...for State.

Affidavit-of-service filed by the petitioner be kept 21.04.2025 Court No. 35 Item No.8 Rakib with the record.

Learned advocate for the petitioner is aggrieved by the manner in which the private respondents have been threatening and interfering with the life and liberty of the petitioner and her son. To that effect representation was made on 06.01.2025 with the local police station being Rajabagan Police Station.

State has submitted a report. Report reflects that there is a matrimonial discord for which several cases are pending between the parties. Last of the incident which has been reported which resulted in Rajabagan Police Station case no. 7 dated 20.01.2025 wherein chargesheet was submitted by the investigating agency on or about 15.02.2025 under Sections 126(2)/115(2)/351(2) of BNS against the private respondent no.5.

Learned advocate for the respondent nos. 5 and 6 is present and submits that the present application has been taken out to create an unnecessary pressure upon the jurisdictional Court which is already in seisin of the issues.

Report of the police authorities also reflects that the respondent no.5 surrendered before the jurisdictional Court and was granted bail till 26.06.2025.

Since the respondent no.5 has been granted interim bail, if there has been violations and/or excesses by the respondent no.5, petitioner would be at liberty to bring the same to the notice of the jurisdictional Court who is yet to finalize and confirm the bail. In case such an application is filed before the jurisdictional Court, the jurisdictional Court would ensure that the liberty granted to the respondent no.5 should not be to such extent that it interferes with the life and liberty of the petitioner and her son.

In the meantime police authorities would ensure that the petitioner is not disturbed at her residence by the private respondents till the learned jurisdictional Court takes up the application, if any, filed by the petitioner. With the aforesaid observations WPA 6902 of 2025 is disposed of.

Report so submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)