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Calcutta High CourtCRM (A)/1441/2026allowed

Josna Mandal @ Jyotshna Mandal @ Joshna Mandal v. State Of West Bengal

2026-06-19Hon'Ble Justice Jay Sengupta2 pages

19.06.2026 Court No.28 Item No.22 tbsr Allowed CRM (A) 1441 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar P.S. Case No.163 of 2026 dated 06.02.2026 under Sections 85/74/303(2)/82(1)/89 of the BNS, 2023 read with Sections 3/4 of the Dowry Prohibition Act, 1961. And In the matter of: Josna Mandal @ Jyotshna Mandal @ Joshna Mandal ....Petitioner.

Mr. Mrityunjoy Chatterjee Mr. Arka Roy Mr. Debarnab Adhikary ...for the petitioner.

Mr. Sayan Mukherjee ....for the State.

Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the mother-in-law of the alleged victim. The incident happened within a year of the marriage in question. The husband, being the principal accused, was arrested and was thereafter granted bail.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the FIR, the statement of the victim recorded before the learned Magistrate and the medical report available in the case diary. The medical report, however, does not show any external injury. It is further submitted that the victim girl refused to undergo any further medical test.

Considering the above, the other materials available in the case diary, the fact that the principal accused, being the husband, was

arrested and was thereafter granted bail and the fact that the victim refused to undergo any further medical test, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner. 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 condition that the petitioner shall cooperate with investigation and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)