Sajiba Khatun @ Mohini v. State Of West Bengal

23.12.2025 Court No.28 Item No.41 ssi CRM (A) 4090 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Raghunathganj Police Station Case No.721 of dated 24.06.2024 under Section 306 of the Indian Penal Code. And In the matter of: Sajiba Khatun @ Mohini ....Applicant/Petitioner.

Mr. Tapodip Gupta ...for the petitioner Mr. Imran Ali Mr. Sourath Nandi ..for the State Learned counsel appearing on behalf of the petitioner submits that the petitioner had lodged the complaint against an alleged victim, inter alia, under Section 376 of the Penal Code on 22.04.2024. On the very next day, the victim committed suicide. However, the present FIR was lodged pursuant to a complaint being filed under Section 156 (3) of the Code on 14.05.2024.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the informant and other witnesses and the post-mortem report. According to the informant, the petitioner had taken away money, property papers, etc. belonging to deceased the victim. Considering the delay in lodging the complaint before the learned Magistrate and the materials available in the case diary, 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.

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 and shall co-operate with the investigation.

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