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Kayama Khatun @ Kayema Khatun And ORS. v. State Of West Bengal

2026-05-20Hon'Ble Justice Jay Sengupta2 pages

20/05/2026 D/L - 47 Court No.28 S. Kundu Allowed C.R.M.(A) 1255 of 2026 In Re: An application for anticipatory bail under Section of the BNSS, 2023.

In connection with Raghunathganj P.S case no. 573 of 2025 dated 29/04/2025 under Sections 85/80(2)/3(5) of the BNS and Sections 3/4 of the D.P. Act.

In the matter of: Kayama Khatun @ Kayema Khatun & Ors.

...Petitioners.

Mr. Bikash Ranjan Bhattacharyya Mr. Usof ali Dewan Md. Muslehuddin Mr. Asif Dewan Ms. Shreya Dar ...for the petitioners.

Mr. Pritam Roy ... Amicus.

1. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the mother-in-law and the brothers-in-law of the alleged victim. The marriage between the couple took place about a year ago. The husband has already been arrested. The petitioners have been falsely implicated in this case.

2. Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the post-mortem report, which shows that there are no other external injuries except for the ligature mark. He also refers to the statements of witnesses including the neighbours of the accused. Two such neighbours stated about the victim confiding in them about the torture inflicted upon her. They also stated

that they had to break open the door in order to retrieve the dead body.

3. Considering the above, the other materials available in the case diary, the fact that the one of the principal accused, being the husband is in custody and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

4. 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 further conditions that the petitioners shall not threaten or intimidate the witnesses. The petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date and regularly attend the jurisdictional Court.

5. Accordingly, the application for anticipatory bail is allowed.

6. The personal appearance of the Investigating Officer is noted and is dispensed with.

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

(Jay Sengupta, J.)