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Calcutta High CourtCRM (A)/2741/2025allowed

Munuyara Bibi @ Hosenara Bibi And ANR. v. State Of West Bengal

2025-08-08Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

08.08.2025 Item No.38 Ct. No. 446 RP Allowed C.R.M.(A) 2741 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 Rejinagar Police Station Case No. 141 of 2025 dated 18.05.2025 under Sections 85/86/109 of the Bharatiya Naya Sanhita read with Sections 3/4 of Dowry Prohibition Act, 1961 pending before the Court of the Learned Chief Judicial Magistrate, Murshidabad.

And In the matter of : Munuyara Bibi @ Hosenara Bibi & Anr. ...... petitioners Mr. Anit Dey, Advocate ....for the petitioners Mr. Anwar Hossain, Advocate Mr. Md. Kutubuddin, Advocate ....for the State

1. Heard the submission of both the learned advocates.

2. Perused the case diary.

3. On careful perusal of the material available in the case diary as well as the statement under Section 180 of BNSS made by various witnesses and the contents of FIR as also the nature of allegation levelled against the present petitioners, who are mother-in-law and sister-in-law of the deceased, this Court finds no such overt act attributed by them for which their custodial interrogation is necessary.

4. In view of the above, this Court is inclined to grant anticipatory bail subject to fulfillment of certain

conditions other than compliance of the conditions laid down in Section 482(2) BNSS.

5. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition that the petitioners shall not threaten the de facto complainant or try to tamper with the evidence and appear before the Court as and when necessary and in case of violation of any of such provisions the prosecution will be at liberty to pray for cancellation of anticipatory bail granted without further reference to this Court.

6. This application for anticipatory bail is, thus, disposed of as allowed.

(Chaitali Chatterjee (Das), J.)