Calcutta High CourtCRM (A)/1540/2025allowed

Tribeni Ghosh v. State Of West Bengal And ANR

2025-05-14Hon'Ble Justice Jay Sengupta2 pages

14.05.2025 Court No.28 Item No.37 ssi CRM (A) 1540 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Sankrail PS Case No.885 of dated 18.11.2023 under Sections 498A/376/114 of the Indian Penal Code.

And In the matter of: Tribeni Ghosh.

....Applicant/Petitioner.

Mr. Soumyajit Das Mahapatra Mr. Soumya Basu Roy Chowdhuri ...for the petitioner Mr. Atif Ahmed Siddiqui ..for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Despite service, no one appears on behalf of the victim. Learned counsel appearing on behalf of the petitioner submits that the allegation of rape is against a "Tantric" and it is alleged that the victim's husband took her to the said "Tantrik" and left her there. The principal accused is the Tantrik and even the husband stands on a worst footing than the present petitioner who is the mother in law of the alleged victim. General allegations have been made of demand for dowry so far as the present petitioner is concerned. The husband is on bail.

Learned counsel appearing on behalf of the State relies on the case diary and points to the statement of the victim recorded before the learned Magistrate. Charge sheet has been submitted and the said "Tantrik" is absconding.

Considering the alleged role ascribed to the present petitioner and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner. Accordingly, the prayer for anticipatory bail to the petitioner is allowed.

In the event of arrest, the petitioner 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 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 shall not threaten or intimidate witnesses and the petitioner shall attend the jurisdiction Court on dates fixed. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)