Rehana Bibi v. State Of West Bengal

22.04.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL54 Court No. 28 Asraf, AR(Ct.) REJECTED CRM (A) 1277 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dhubulia PS case no.292 of 2024 dated 11.08.2024 under Sections 85, 80(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. -andIn Re : REHANA BIBI ......Petitioner For the Petitioner :

Mr. Sumanta Das Mr. Avilash Tripathi .....Advocates For the State :

Mr. Subhomay Bhattacharya Mr. Raju Mondal .....Advocates Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the mother-in-law of the victim deceased. The husband was granted bail after some days of custody. Although the incident took place within two and half years of marriage, there was no previous complaint made by the victim in this regard. Two other relatives were granted anticipatory bail by the Sessions Court.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that there are statements which clearly show that there was dowry demand and torture meted out by the husband and the parentsin-law. The petitioner is not standing on the same footing as

the other relatives who were granted anticipatory bail by the Sessions Court. The husband and the parents-in-law were granted bail after some days of custody. Particular reference is made to a statement of a neighbour contained at page 15 of the case diary.

In view of the incriminating materials available in the case diary, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail being CRM(A) 1277 of 2025 is rejected.

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. )