Xxxxx v. State Of West Bengal And ANR

17.02.2026 Court No.28 Item No. 31 tbsr Allowed CRM (A) 170 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lalgarh P.S. Case No.82 of 2024 dated 05.08.2024 under Sections 107/238/49 of the BNS, 2023 and Sections 4/6 of the Protection of Children from Sexual Offences Act, 2012 and read with Sections 9/10 of the Prohibition of Child Marriage Act, 2006. And In the matter of: XXXXX ....Petitioner Mr. Shraman Sarkar Md. Tehasin Reja Mr. Soham Roy Chowodhury ....for the petitioner Mr. Saibal Bapuli, ld APP Ms. Mausumi Sarkar ....for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Report filed on behalf of the State is also taken on record. The alleged victim apparently refused to accept the service of notice.

No one appears on behalf of the alleged survivor. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the distant sister-in-law of the alleged victim. At the time of death, the victim was about 18 years of age. The principal accused, being the husband of the alleged victim, was granted bail by this Court. The husband of the present petitioner was granted anticipatory bail.

Learned Additional Public Prosecutor appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the post mortem report. The principal allegation against the petitioner is that the victim committed suicide as her husband was having an affair with the present petitioner. Considering the above, the other materials available in the case diary and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner. 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 condition that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

The application for anticipatory bail 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.)