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Calcutta High CourtCRM (A)/4295/2025allowed

Shila Chatterjee And ANR. v. State Of West Bengal

2026-01-16Hon'Ble Justice Jay Sengupta2 pages

16.01.2026 SL.43 Ct.No.28 NB CRM (A) 4295 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 Shibpur P.S. Case No.354/22 dated 02.11.2022 under Section 498A/406/306/34 of the Indian Penal Code corresponding to Section 85/316(2)/108/3(4) of BNS, 2023 and 3⁄4 D.V. Act. And In the matter of: Shila Chatterjee & Anr.

.... Petitioners Mr. Rafikul Islam Sardar.

...for the petitioners.

Mr. Saibal Bapuli, Mr. Arani Bhattacharyya.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the mother-in-law aged about 75 years old and the sister-in-law of the alleged victim. The principal accused being the husband was arrested in 2022 and was granted bail in 2023. The marriage between the couple had taken place in 2009. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses including the statements of the son of the alleged victim. It appears that the principal accused is the husband who was arrested and thereafter granted bail.

Considering the above, the other materials available in the case diary, the fact that the petitioners are the aged mother-in-law and the sister- in-law of the alleged victim and the fact that charge sheet has

already 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 on further condition that the petitioners shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever 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.)