Chumki Khatun @ Halima Khatun v. State Of West Bengal

AD 12 October 27, 2025 Ct. 28 SG CRM(A) 3134 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suti P.S. Case No.771 of 2025 dated 19.06.2025 under Sections 85/115(2)/117(2)/109 of the BNS, 2023 and Section 4 of the D.P. Act, 1961.

And In the matter of:

Chumki Khatun @ Halima Khatun ... petitioner Mr. Arnab Chatterjee Mr. Anisur Rahaman ... for the petitioner Mr. Anupam Das Adhikary Ms. Suparna Chatterjee ... for the State Copies of medical papers of the petitioner, as filed in Court, are taken on record.

Learned counsel for the petitioner submits that while the Sessions Court had granted anticipatory bail to the parentsin-law, the application for anticipatory bail of the present petitioner (married sister-in-law) and the husband was rejected. The petitioner is in the family way and is expected to give birth to a child tomorrow i.e., on 28.10.2025. Learned counsel for the State opposes the prayer for anticipatory bail and submits that when the victim lady was hit by the petitioner, she was also in the family way. He relies on the statements of the victim and local witnesses and the injury report. However, it appears from the injury report that there was superficial cut mark on the head of the victim.

Furthermore, the injury report did not specifically name the present petitioner as the assailant.

Considering the above and the fact that the petitioner is in the family way, 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/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation and the petitioner shall not threaten or intimidate witnesses.

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

(Jay Sengupta, J.)