Petitioner v. State Of West Bengal And ANR

12/06/2026 D/L - 19 Court No.28 S. Kundu Allowed C.R.M.(A) 1313 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Goghat P.S case no. 494 of 2025 dated 04/11/2025 under Sections 85/326(g)/118(2)/123/109 of the BNS and Section 4 of the Dowry Prohibition Act and adding Sections 103(1)/80/64(2)(m) of the BNS and Section 6(1) of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act.

In the matter of: XXX

...Petitioner.

Mr. Amit Singh ...for the petitioner.

Mr. Pritam Roy ...for the State.

1. Report filed on behalf of the State is taken on record.

2. Despite service, no one appears on behalf of the de-facto complainant.

3. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a distant in-law of the alleged victim lady. Earlier, the brother-in-law and the wife of the brother-in-law of the victim were granted anticipatory bail. The petitioner is in no way connected with the alleged offences. The couple stayed separately. The principal accused being the husband of the victim has already been arrested.

4. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statements of witnesses, the postmortem report and the dying declaration of the alleged

victim. He submits that an underage girl was given in marriage to the co-accused. Thereafter, she was tortured. According to a statement, pursuant to such torture made by the husband and the in-laws, she had to consume poison and was treated at a hospital. Thereafter, when the victim lady was sleeping at her parental home with her brother, the husband came with petrol and set them on fire. The two succumbed to their injuries, subsequently. The victim was married to the son of the petitioner at the age of 13 years.

5. This is a gruesome case of double murder. The allegations to set the victim on fire against the husband. However, as against the parents-in-law, there is a statement of the father of the victim that on an earlier occasion, poison was poured on mouth of the victims by the husband and the parents-in-law.

6. However, it appears that the present petitioner is a distant relative of the husband of the victim. He apparently stands on the same footing as the brother-inlaw and the wife of the brother-in-law of the alleged victim, who were earlier granted anticipatory bail by this Court.

7. Considering the above, the other materials available in the case diary, the alleged role ascribed to the present petitioner and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

8. In the event of arrest, the petitioner 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 further conditions that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date. The petitioner shall regularly attend the jurisdictional Court and shall not threaten or intimidate the witnesses.

9. Accordingly, the application for anticipatory bail is allowed.

10.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)