Rubina Khatun @ Rubina v. State Of West Bengal And ANR
18.09.2025 Court No.28 Item No.29 tbsr Allowed CRM (A) 2862 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with New Barrackpore P.S. Case No.192 of 2025 dated 28.06.2025 under Sections 69/316(2)/318(4)/61(2) of the Bharatiya Nyaya Sanhita, 2023.
And In the matter of: Rubina Khatun @ Rubina ....Petitioner.
Mr. Ali Ahsan Alamgir Mr. Syed Uj Jaman Mr. Sahidur Rahaman ...for the petitioner.
Mr. Bibaswan Bhattacharya Ms. Rajashree Tah .....for the State.
Report filed on behalf of the State is taken on record. Despite service, no one appears on behalf of the de facto complainant.
Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a lady with a nine months old infant to take care of. The principal accused is her husband who is still in custody. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and relies on the statements of the victim and other materials available in the case diary. Considering the materials available in the case diary, the alleged role ascribed to the present petitioner and the fact that the principal accused 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 petitioner.
In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner shall cooperate with investigation and 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.)