Sushanta Biswas And ORS. v. State Of West Bengal

24.04.2025 Court No.28 Item No.9 ssi CRM (A) 1071 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Santipur P.S. Case No.138 of 2025 dated 08.02.2025 under Sections 85/103(1)/3(5) of the BNS, 2023.

And In the matter of: Sushanta Biswas & others.

....Applicants/Petitioners.

Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioners.

Mr. Koushik Kundu Mr. S. Kundu ...for the State Learned counsel appearing on behalf of the petitioners submits as follows. After about twelve years of marriage, the victim committed suicide by hanging at the matrimonial home. The prime accused is the husband who is still in custody. The petitioners are the brother in law, the wife of the brother in law and the mother. The petitioners are not responsible for the death in any way.

Learned counsel appearing on behalf of the State relies on the case diary including on the statements of neighbours and the minor daughter of the victim girl who is now staying at the maternal grandparents' house. It appears from her statement that the prime allegations are against father/husband of the victim. Considering the materials available in the case diary and the respective roles ascribed to the present petitioner, I do not find that

custodial interrogation of the present petitioner is required in this case.

In view thereof, the prayer for anticipatory bail is allowed. 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 conditions that the petitioners shall not try to influence the witnesses or threaten them and the petitioners shall cooperate with the investigation and the petitioner no.1 shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. The presence of the Investigating Officer is noted and dispensed with.

(Jay Sengupta, J.)