Maksuda Begum @ Maksuda Bibi And ANR. v. State Of West Bengal
02.05.2025 SL.40 Ct.No.28 NB CRM (A) 1433 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 in connection with Duttapukur P.S. Case No.22 of 2025 dated 06.01.2025 under Sections 85/316(2)/109 of the Bharatiya Nyaya Sanhita, 2023 pending before the learned Chief Judicial Magistrate, Barasat. And In the matter of : Maksuda Begam @ Maksuda Begum @ Maksuda Bibi & Anr.
... petitioner Mr. Ayan Bhattacharyya ld.Sr.Adv., Mr. Aniruddha Bhattacharyya, Ms. Anushka Bose, Ms. Rai Das.
...for the petitioner.
Mr. Kunal Ganguly.
...for the State.
Leave is granted to amend the cause title.
Learned senior counsel representing the petitioner submits as follows. The principal allegations are against the husband. The petitioners are the parents in law. While the marriage took place in 2021, the present FIR was lodged in 2025. Earlier, the present petitioners were constrained to lodge complaints before the police authorities against the daughter-in-law for her misbehaviour. Learned counsel appearing on behalf of the State relies on the statements available in the case diary and the injury report. Streedhan articles have not been recovered till date. It appears from the injury report that there was a history of physical assault made by the husband. The husband is absconding.
In view of the nature of allegations and the alleged roles ascribed to the present petitioners, I do not think that custodial interrogation of the petitioners are required in this case Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition not to threaten or intimidate witnesses and to cooperate with the investigation. The application for anticipatory bail being CRM(A) 1433 of 2025 is, thus, allowed.
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.)