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Calcutta High CourtCRM (A)/3882/2025allowed

Sukhina Bibi @ Chakina v. State Of West Bengal

2025-12-09Hon'Ble Justice Jay Sengupta2 pages

09.12.2025 Court No.28 Item No.44 ssi CRM (A) 3882 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Beldanga PS Case No.187 of dated 01.04.2025 under Sections 80/85/108/3(5) of the BNS 2023 and under Sections 3 and 4 of the DP Act.

And In the matter of: Sukhina Bibi @ Chakina ....Applicant/Petitioner.

Mr. Arnab Chatterjee Ms. Ankusha Ghosh ...for the petitioner Mr. Arijit Ganguly Mr. R. Jana ..for the State Mr. Pratip Kumar Chatterjee Mr. Ashis Deb Mr. Tridib Mishra Mr. Maitrayee Chatterjee ...for the de facto Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the mother in law of the alleged victim. The marriage between the couple took place four years ago. The husband was arrested and thereafter granted bail. Charge sheet has already been submitted. According to the version of a witness, after the incident, the body of the victim was found lying with the head resting on the lap of the petitioner.

Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. Learned counsel for the State opposes the prayer for anticipatory bail. He relies on the post-mortem report, the statements of witnesses including those of neighbours.

From the neighbours' statements, it appears that the petitioner was tortured due to demand of dowry. In fact, the husband used to physically assault the victim.

Considering the materials available in the case diary, the alleged role ascribed to the present petitioner, the fact that the principal accused being the husband was arrested and was thereafter granted bail and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the present petitioner. Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 conditions that the petitioner shall not threaten or intimidate the witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)