Manoara Bibi @ Manoyara Bibi @ Manayara Bibi And ANR. v. State Of West Bengal

28.08.2025 SL.47 Ct.No.28 NB CRM (A) 2703 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 Nandigram P.S. Case No.288 of 2025 dated 09.05.2025 under Sections 103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Manoara Bibi @ Manoyara Bibi @ Manayara Bibi & Anr. .... petitioners Mr. Mazhar Hossain Chowdhury, Ms. Chandrima Debnath.

...for the petitioners.

Mr. Subhamoy Bhattacharya, Mr. Tapas Kumar Saha.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The marriage between the couple took place 10 years ago. The husband was arrested and was later granted bail. The present petitioners are the parents in law of the alleged victim. They are in no way connected with the alleged offences. There was no complaint made by the victim earlier.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the postmortem report and the statements of witnesses.

Considering the materials available in the case diary, the fact that the prime accused being the husband is presently on bail and the alleged roles ascribed to the present petitioners and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

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 that the petitioners shall not threaten or intimidate witnesses and shall attend the jurisdictional Court regularly and they shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date. The application for anticipatory bail being CRM (A) 2703 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.)