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Calcutta High CourtCRM (A)/351/2026allowed

Mampi Basak v. State Of West Bengal

2026-02-12Hon'Ble Justice Jay Sengupta2 pages

12.02.2026 Court No.28 Item No. 39 tbsr Allowed CRM (A) 351 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santipur P.S. Case No.1476 of 2025 dated 17.11.2025 under Sections 108/3(5) of the BNS, 2023.

And In the matter of: Mampi Basak ....Petitioner.

Ms. Minoti Gomes ....for the petitioner Ms. Faria Hossain Mr. Tirthankar Dhali ....for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the wife of the alleged victim. The incident happened after 14 years of marriage. It is alleged that the victim committed suicide because her wife having an illicit affair with the coaccused/paramour. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the statements of witnesses and the post mortem report. She submits that while there is a suicide note and other statements appointing towards an illicit relation of the petitioner, the daughter of the victim, however, did not support such stand in her statements before the learned Magistrate. It will be for the Courts to finally decide whether there is any element of abetment of suicide in this case.

However, considering the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required

in this case and 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 cooperate with investigation 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.)