Fatema Bibi And ANR. v. State Of West Bengal
27.10.2025 SL.52 Ct.No.28 NB CRM (A) 3205 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 Nabadwip P.S. Case No.233 of 2025 dated 02.04.2025 under Sections 86/115(2)/109/351(2)/3(5) of the BNS. And In the matter of: Fatema Bibi & Anr.
... petitioners Mr. Sourat Nandi, Mr. Mir Anowar.
...for the petitioners.
Ms. Sujata Das, Mr. Sandip Kundu.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The marriage between the couple in question took place 10 years ago. The petitioners are the mother in law and the brother in law of the alleged victim. The father in law and the sister in law were granted anticipatory bail by the Sessions Court. The petitioners stand on the same footing. In fact, on the particular day, the petitioner no.2 was at his work place.
Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. However, she admits that there is no statement of the children recorded. Charge sheet has been submitted.
Considering the materials available in the case diary 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 or tamper with evidence and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall regularly attend the jurisdictional Court. The application for anticipatory bail is, thus, disposed of. 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.)