Salehar Bibi And ORS. v. State Of West Bengal
05.03.2026 Sl. No.30 Ct. 28 NB C.R.M (A) 408 of 2026 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 in connection with Beldanga PS Case No.699/2024 dated 18.09.2024 under Sections 85/123 of the Bharatiya Nyaya Sanhita, 2023 read with Section 3⁄4 of Dowry Prohibition Act.
And In the matter of: Salehar Bibi & Ors.
... petitioners Mr. Jay Chakraborty, Mr. Sandip Dinda.
...for the petitioners.
Mr. Saibal Bapuli ld.APP., Mr. Nirupam Dhali.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the mother in law, the brother in law and the wife of the brother in law of the alleged victim. The marriage between the couple took place in 2015. The husband and the father in law of the victim were arrested and were granted bail thereafter. Charge sheet has been submitted. Learned Additional Public Prosecutor representing the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the medical papers. While the date of occurrence is 18.07.2024, the application under Section 175(3) was filed before the learned Magistrate on 18.09.2024. Considering the above, the other materials available in the case diary, the alleged roles ascribed to the present petitioners, the fact that the two other co-accused being the husband and the father
in law were arrested and were thereafter granted bail and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioners. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall regularly attend the jurisdictional Court. The application for anticipatory bail is, thus, disposed of. 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.)