Mohanlal Sk And ANR. v. State Of West Bengal

12.09.2025 Court No.28 Item No.28 ssi CRM (A) 2902 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Krishnagar Womens PS Case No.59 of 2025 dated 31.05.2025 under Sections 85/123/329(4)/115(2)/117(2)/151(2)/3 (5) of the BNS 2023. And In the matter of: Mohanlal Sk & another.

....Applicants/Petitioners.

Mr. Prabir Majumder Mr. Dipanjan Chatterjee Mr. Snehansu Majumder ...for the petitioners Ms. Sayanti Santra Ms. Atulya Sinha ...for the State 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. In 2023, the de facto complainant left the matrimonial home. She lodged an FIR then. After that, in order to take custody of the child, the petitioner went to the in law's house for discussion. In relation to the same, a subsequent FIR was lodged. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. She submits that there is no indication that after the first FIR, the de facto complainant was living at her parent's home.

However, during her stay in the matrimonial home, she alleged that she was given food by the mother in law and she gradually became sick. She suspected that some poisonous administered. Reference was also made to a medical report. Out of fear, thereafter she started living with her child at her parent's place. The medical report only shows abdominal pain.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioners is required and I am inclined to grant anticipatory bail to the petitioners.

Accordingly, the application for anticipatory bail of the petitioners is allowed.

However, 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 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 petitioners shall not threaten or intimidate witnesses and shall co-operate with investigation. The petitioner no.1 shall meet the Investigating Officer once a week till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)