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Calcutta High CourtCRM(A)/700/2025partly allowed

Chhabina Bibi @ Chabina Bibi And ANR v. The State Of West Bengal And ANR

2025-11-21Hon'Ble Justice Bivas Pattanayak3 pages

21.11.2025 Item no. 12 (DL) Court No. 3 AN (Partly Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , C.R.M. (A) 700 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 in connection with Sahebganj P.S. Case No. 439 of 2025 dated 25.07.2025 under Sections 85, 75, 74, 77, 64, 62 of the Bharatiya Nyaya Sanhita, 2023 corresponding to Section 498A/354A/354/354C/376/511 of Indian Penal Code read with Section 3/4 of the Dowry Prohibition Act corresponding to G.R. Case No. (I) 501 of 2025 pending before the learned Additional Chief Judicial Magistrate, Dinhata.

In the matter of : Chhabina Bibi @ Chabina Bibi & anr. ... Petitioner.

Mr. Sudip Guha Ms. Ankita Nag ...for the Petitioner.

Mr. Kallol Acharjee Ms. Namrata Das ...for the State.

Mr. Abhishek Sarkar Mr. Debjit Kundu ...for de facto complainant 1.

Service report filed by the State is taken on record. 2.

Learned Advocate for the petitioner submits that the complaint is a result of family disputes between the parties. There are no such specific allegations against these petitioners who happen to be the parents-in-law. The other co-accused who are the relatives of the husband has been granted anticipatory bail by the learned Sessions

Judge, Coochbehar. He seeks for grant of anticipatory bail to the petitioners.

3.

Opposing such prayer for anticipatory bail, learned advocate for the State as well as de facto complainant submits that there are allegations against the parents-inlaw, specially, the father-in-law. They seek for dismissal of the anticipatory bail application of the petitioners. 4.

Perused the case diary and the materials on record. 5.

It is found from the statement of the victim lady recorded under Section 164 of the Code of Criminal Procedure that there are specific allegations against the father-in-law of the victim lady, namely, Pharijar Rahaman @ Farijar Rahaman @ Farizar Rahaman, petitioner no. 2 herein of giving illicit proposals and also of attempt to commit illegal act of sexual nature. Considering such materials, I am not inclined to extend the benefit of anticipatory bail in favour of petitioner no. 2, the father-in-law and, therefore, the said prayer of petitioner no. 2 stands rejected. 6.

As regards petitioner no. 1, the mother-in-law, it is found that the allegations are general in nature.

7.

Accordingly, in the event of arrest the petitioner no.1 namely Chhabina Bibi @ Chabina Bibi shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure,

1973 corresponding to 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner no. 1 is directed to cooperate with the Investigating Officer.

8.

This application for anticipatory bail is, thus, allowed in part.

9.

CRM (A) 700 of 2025 stands disposed of.

10.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.

(Bivas Pattanayak, J.)