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Calcutta High CourtCRM (A)/4100/2025allowed

Ashiya Bibi @ Asha Bib Sekh And ORS. v. State Of West Bengal

2025-12-22Hon'Ble Justice Jay Sengupta2 pages

AD 110 December 22, 2025 Ct. 28 SG CRM(A) 4100 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Women P.S. Case No.108 of 2025 dated 12.08.2025 under Sections 85/316(2)/329(4)/115(2)/76/ 109/117(2)/324(4)/351(3)/3(5) of the BNS, 2023. And In the matter of:

Ashiya Bibi @ Asha Bibi and others ... petitioners Mr. A.A. Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ... for the petitioners Mr. Anupam Dasadhikari Mr. Saptarshi Chakraborty ... for the State Learned counsel for the petitioners submits that the petitioners are the sister-in-law, the sons of the sister-in-law and another distant relative of the alleged victim. The principal accused being the husband was arrested and thereafter granted bail. This is a second FIR in respect of the same allegation lodged by the de facto complainant. Learned counsel for the State strongly opposes the prayer for anticipatory bail and relies on the case diary. Considering the materials available in the case diary, the alleged role ascribed to the present petitioners and the fact that the principal accused being the husband was arrested and thereafter granted bail, I do not think that custodial interrogation of the petitioners are required in this case and I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each 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 petitioners shall cooperate with the investigation, shall not threaten or intimidate witnesses and the petitioner Nos.2, 3 and 4 shall meet the investigating officer once a fortnight till submission of report in final form.

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.)