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Calcutta High CourtCRM (A)/1236/2026partly allowed

Suresh Bauri And ANR. v. State Of West Bengal

2026-05-20Hon'Ble Justice Jay Sengupta2 pages

20.05.2026 Sl. No.44 Ct. 28 NB C.R.M (A) 1236 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Faridpur PS Case No.12/2026 under Sections 85/115(2)/117(2)/351(2)/316(2)/64(2)(m)/61(2)3(5) of the BNS, 2023 and Sections 3&4 of the DP Act.

And In the matter of: Suresh Bauri & Anr.

... petitioners Mr. RAhul Ganguly, Mr. Souvik Chakraborty.

...for the petitioners.

Mr. Krishnendu Bhattacharyay ......Amicus.

Ms. Manasi Roy ...for the de facto complainant.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the husband and the mother in law of the alleged victim. The marriage between the couple took place in 2021. The main allegations are against the accused father in law who was arrested and thereafter granted bail. Learned counsel appearing on behalf of the de facto complainant vehemently opposes the prayer for anticipatory bail. She submits that, as would be evident from the FIR, the petitioners and others had told the victim to establish a physical relationship with the father in law.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the

statement of the victim recorded before the learned Magistrate, the medical report and the statements of other witnesses. Considering the above, the other materials available in the case diary and the fact that the petitioner no.2 is a female member of the household, although I am inclined to grant anticipatory bail to the petitioner no.2 (Anjali Bauri), the application for anticipatory bail of the petitioner no.1 is rejected.

Accordingly, in the event of arrest, the petitioner no.2 (Anjali Bauri) shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner no. 2 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail is, thus, partly allowed and disposed of.

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.)