Sukhen Biswas v. State Of West Bengal

06.02.2026

IN THE HIGH COURT AT CALCUTTA

Item No.83 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 182 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Santipur Police Station Case No. 138 of 2025 dated 08.02.2025 under Sections 85/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the Dowry Prohibition Act (G.R. Case No. 416 of 2025). And In Re :

Sukhen Biswas ... Petitioner.

Ms. Minoti Gomes ... For the Petitioner.

Mr. Bitasok Banerjee, Mr. Debanshu Ghorai ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for almost a year. Petitioner is the husband of the deceased. There are accusations of strangulation with the aid of a scarf.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the post mortem report. The post mortem report is partially inconclusive so far as the issue relating to strangulation is concerned.

I have taken into account the fact that marriage took place almost 12 years ago and so far as the other witnesses are concerned, prima facie, the accusations are for the purposes of Section 498A of the Indian Penal Code.

Having taken into account the totality of the circumstances and even if the prosecution case is acceptable to be true, the same is out of certain provocation, I am of the view that further detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Sukhen Biswas shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Nadia without prior permission of the learned Trial Court. The application for bail, being CRM (M) 182 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)