Majhli Hansda @ Manjali Hasda v. State Of West Bengal
12.09.2025 Sl. No.45 Ct. 28 NB C.R.M. (A) 2934 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 Banshihari PS Case No.337/2025 dated 23.07.2025 under Sections 103(1)/49/85 of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Majhli Hansda @ Manjali Hasda ... petitioner Mr. Kaushik Choudhury.
...for the petitioner.
Mr. Sanjoy Bardhan, Mr. Samarjit Balial.
...for the State.
Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the mother in law of the victim deceased. The marriage between the couple took place in 2017. The petitioner is not responsible in any way for the victim consuming poison.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the postmortem report, the statements of independent witnesses and other witnesses including the brother of the victim. Surprisingly, it appears from the statement of the brother of the alleged victim that he threw away the container from which the victim had consumed poison and pursuant to his statement, a seizure was affected.
It also appears that the principal accused being the husband is in custody.
Considering the materials available in the case dairy including the statement of neighbours and the brother and the alleged role ascribed to the present petitioner and the fact that the principal accused being the husband is still in custody, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner.
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 petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever. The application for anticipatory bail being C.R.M. (A) 2934 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.)