Calcutta High Court (Appellete Side)
Sanhita vs In Re : Nariza Khatun @ Nariza Bibi on 24 April, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
24.04.2025
IN THE HIGH COURT AT CALCUTTA
Item No.DL40 CRIMINAL MISCELLANEOUS JURISDICTION
Court No. 28 APPELLATE SIDE
Asraf, AR(Ct.)
ALLOWED
CRM (A) 1306 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 filed in connection with Chanchal Police Station
case no.1383 of 2024 dated 05.12.2024 under Sections
126(2), 123, 115(2), 109 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
-and-
In Re : NARIZA KHATUN @ NARIZA BIBI
......Petitioner
For the Petitioner :
Mr. Tapan Dutta Gupta
Mr. Parvej Anam
Ms. Rituparna Ghosh
.....Advocates
For the State :
Mrs. Manisha Sharma
Mr. Soumya Basu Roy Chowdhury
.....Advocates
Learned counsel appearing on behalf of the petitioner
submits as follows. The petitioner is a neighbour of the victim's
family. The allegation against the petitioner is that she had
rebuked the two and a half year old child of the de facto
complainant, on a particular day. When the boy came back, he
allegedly stated that the petitioner made him eat "DHUTRA"
fruit seed. He fell ill and had to be treated in a hospital. The FIR
was lodged after 14 days of the alleged incident. No statement
of the victim child has been recorded. There is no independent
corroboration of the incident. Chargesheet has been submitted.
Other accused were granted anticipatory bail.
Learned counsel appearing on behalf of the State relies
on the case diary including the statement of the father of the
victim and the discharge certificate of the child.
Page 2
It appears that the child was admitted in a hospital on
28.11.2024
while the alleged incident took place on 21.11.2024
as per FIR and 26.11.2024 as per statements. The discharge
certificate also shows that the date of injection of “DHUTRA”
was on 26.11.2024.
In view of the materials available in the case diary and
the time gap between the alleged incident and the date of
admission in the hospital, I do not think that the custodial
interrogation of the petitioner is required in this case.
Accordingly, 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 subject to the conditions as laid down
under Section 438 of the Code of Criminal Procedure, 1973
corresponding to Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and on further condition that he shall not
threaten or intimidate witnesses or tamper with evidence in any
manner whatsoever.
The application for anticipatory bail being CRM(A) 1306
of 2025 is, thus, allowed.
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. )
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