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Calcutta High CourtCRM (A)/740/2026allowed

Dwijen Mandal And ORS. v. State Of West Bengal

2026-04-09Hon'Ble Justice Jay Sengupta2 pages

09.04.2026 Court No.28 Item No.52 tbsr Allowed CRM (A) 740 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhutni P.S. Case No.09 of 2026 dated 14.01.2026 under Sections 107/3(5) of the BNS, 2023.

And In the matter of: Dwijen Mandal & Ors.

....Petitioners.

Md. Wasim Akram ....for the petitioners Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharya ....for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the father, the mother and the two brothers of the principal accused. The principal accused has surrendered before the Court and is in custody. Learned APP appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the post mortem report and the statements of witnesses, including the statement of the mother of the victim recorded before the learned Magistrate. It is alleged that there was a romantic relationship between the principal accused and the alleged victim, who was 17 years old. Initially, the petitioners had also visited the girl's house and asked her parents to come to their place. Thereafter, they refused to solemnize the marriage between the principal accused and the alleged victim.

It is indeed a very unfortunate case of death of a minor girl.

It will be for the Courts to finally decide whether there is any element of abetment of suicide in this case.

However, considering the above, the other materials available in the case diary and that fact that the principal accused is in custody, I do not think that custodial interrogation of the present petitioners is required in this case and 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/- 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 further condition that the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses and the petitioner nos. 1, 3 and 4 shall meet the I.O. once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)