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Calcutta High CourtCRM (A)/1088/2025allowed

Mannan Sk And ANR. v. State Of West Bengal

2025-04-21Hon'Ble Justice Jay Sengupta2 pages

21.04.2025 SL.23 Ct.No.28 Sws.M (Allowed) CRM (A) 1088 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Thanarpara P.S. Case No.26 of 2025 dated 26.01.2025 under Sections 85/80/103(1)/3(5) of the Bharatiya Nyay Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia.

In the matter of : Mannan Sk. & Anr. .... petitioners Mr. Asraf Mandal ...for the petitiones.

Mr. Rana Mukherjee, Ld. APP Mr. Amanul Islam ...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents-in-law of the victim. The husband who is the prime accused is in custody. This is an unfortunate case where the victim committed suicide at her parental house. It is clear that the victim had gone away from the matrimonial home on 23.01.2025 and committed suicide on 26.01.2025 and it is alleged that it was the husband who had gone to meet the wife on that date. As the google map would show the place of occurrence is about 14 kilometers from the residence of the petitioners. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that demand for dowry was made by the husband to the wife immediately preceding the incident was with the help of the parents.

He also points to the statement of two neighbours contained at pages 18 and 19 of the case diary. In view of the materials available in the case diary which show the husband as the prime accused and the fact that the incident took place at the parental house of the victim where only the husband had gone to meet her, I do not consider this to be a case where custodial interrogation of the present petitioners is required.

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 the Arresting Officer subject to the conditions that the petitioners shall attend the jurisdictional Court on the date fixed and shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner No. 1 shall meet the Investigating Officer once a fortnight till submission of report in final form.

The application for anticipatory bail being CRM (A) 1088 of 2025 is, thus, allowed.

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.)