Omechha Bibi Piyada And ANR. v. State Of West Bengal

AD 54 February 18, 2026 Ct. 28 SG CRM(A) 427 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhubulia P.S. Case No.445 of 2025 dated 05.11.2025 under Sections 85/108/3(5) of the BNS, 2023.

And In the matter of: Omechha Bibi Piyada and another ... petitioners Mr. Sumanta Das ... for the petitioners Mr. S.S. Imam Ms. Rita Datta ... for the State Learned counsel for the petitioners submits that the petitioners are the mother-in-law and the brother-in-law of the alleged victim. The marriage between the victim and her husband took place nine years ago. The husband was arrested and thereafter granted bail. Actually, the reason for committing suicide is that the victim was under the impression that her daughter would also die as she was not being able to digest food for some time. Earlier, her two years old son had died due to Leukemia.

Learned counsel for the State opposes the prayer for anticipatory bail, relies on the post-mortem report and the statements of witnesses including neighbours and submits that it does not appear that any earlier complaint regarding dowry demand was made by the alleged victim.

Considering the above, the other materials available in the case diary, the alleged role ascribed to each of the present petitioners and the fact that the husband was arrested and thereafter granted bail and that charge-sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each 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 the further conditions that the petitioners shall surrender before the jurisdictional court within four weeks from this date and pray for bail, shall attend the jurisdictional court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)