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Calcutta High CourtCRM(M)/356/2025disposed

Reshma Bibi@ Resma Bibi @ Esmatara Khatun v. State Of West Bengal

2025-06-13Hon'Ble Justice Suvra Ghosh2 pages

June 13, 2025 17 ARDR (Rejected) CRM (M) 356 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Domkal Police Station Case No. 83 of 2024 dated 03/2/2024 under Sections 498A/326/307/34/302 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In Re :

Reshma Bibi @ Resma Bibi @ Esmatara Khatun ... Petitioner.

Adv. Jaydeep Biswas, Adv. Amanul Islam, Adv. Sourav Mukherjee, Adv. Kaushik Ghosh, ... for the petitioner.

Adv. Koushik Kundu, Adv. Ayana Dey, ...for the State.

Report submitted by the State is taken on record. It appears from the report that the identity of the petitioner could not be verified from the OPD ticket produced by her. The report says that one patient went to the hospital with the OPD ticket at the relevant time and was medically treated but it cannot be ascertained whether the said patient was Esmatara Khatun in whose name the ticket was issued.

The petitioner is in custody for about 219 days and prays for bail.

Learned counsel for the petitioner submits that some of the co-accused are on bail/anticipatory bail. Investigation is complete. Further detention of the petitioner is not required. Learned counsel for the State opposes the prayer. I have considered the material on record.

The dying declaration of the victim as well as the statement of the son of the victim recorded under Section 161 of the Code of Criminal Procedure implicates the petitioner. Considering the gravity of the offence and material on record prima facie connecting the petitioner in the alleged crime, the prayer for bail is rejected at this stage.

The application for bail is disposed of.

Case Diary be returned.

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

(Suvra Ghosh, J.)