Kheder Sekh And ORS. v. State Of West Bengal

02.04.2025 Court No.28 Item No.22 ssi CRM (A) 1060 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Thanarpara P.S. Case No.211 of 2024 dated 04.08.2024 under Sections 85/109/3 (5) of the Bharatiya Nyay Sanhita.

And In the matter of: Kheder Sekh & others.

....Applicants/Petitioners.

Mr. Debraj Shil ...for the petitioners.

Mr. Imran Ali Md. Kutubuddin ...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents in law and the brothers in law of the victim lady. The marriage between the prime accused and the victim took place about 7 years ago. There is a child from that marriage. After marriage the couple had been residing in a separate accommodation. In connection with the instant case, the husband was arrested, but has been granted. Charge has already been submitted.

Learned counsel appearing on behalf of the State opposes the prayer and relies on the case diary, especially the statement of the victim recorded under Section 183 of the BNS Act. It appears that in the statement under Section 183 of the BNS Act, the victim had clearly described the roles allegedly played by the husband and the mother in law.

In view of the above referred statement of the victim, the prayer for anticipatory bail of the mother in law that is the petitioner no.2 is rejected.

In the event of arrest, the other petitioners being the petitioner nos.1, 3 and 4 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 conditions that the petitioner nos. 1, 3 and 4 shall meet the I.O. of the case once a week for a period of two months and they shall not try to influence the witnesses or threaten them.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)