Hasiba Khatun @ Hasiba Bibi And ORS. v. State Of West Bengal

20.08.2025 Court No.28 Item No. 61 tbsr Allowed CRM (A) 2469 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Salar P.S. Case No.208 of 2025 dated 11.05.2025 under Sections 126(2)/115(2)/117(2)/123/109(1)/351(2)/3(5) of the of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Hasiba Khatun @ Hasiba Bibi & Ors. ....Petitioners.

Mr. Ali Ahsan Alamgir Mr. Salauddin Ahmed Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ...for the petitioner Mr. Imran Ali Mr. Kaustabh Mukherjee ....for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits as follows. The wife and even the distant in-laws have been falsely implicated in the instant case. The husband committed suicide by consuming poison in his own house. Although a case of murder was started, the charge sheet was submitted with a charge of abetment of suicide.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that the victim was a domesticated son-in-law. He had consumed poison to commit suicide in the petitioners' house. There is, however, some doubt regarding his treatment immediately after the incident as it appears that the

victim was admitted in hospital on 11.05.2025 although he had allegedly consumed poison on 07.05.2025.

It will be for the Courts to finally decide whether there is any element of abetment of suicide against the present petitioners. However, considering the above and the other materials contained in the case diary and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners. 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)