Sulekha Dey And ORS. v. State Of West Bengal
22.09.2025 Sl. No.44 Ct. 28 NB C.R.M. (A) 3071 of 2025 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 Dhubulia PS Case No.283/2025 dated 05.07.2025 under Sections 80/85/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the DPA Act, 1961.
And In the matter of: Sulekha Dey & Ors.
... petitioners Mr. Kusal Kumar Mukherjee, Ms. Pranidhi Singh.
...for the petitioners.
Ms. Manisha Sharma, Ms. Trisha Rakshit.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the mother in law, the brother in law and the sister in law of the victim deceased. The husband is in custody. The victim committed suicide by consuming poison within a year of marriage.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the case diary and points to the statement of a neighbor of the victim who had negotiated the marriage as also other materials available in the case diary including the postmortem report, the statement of the mother of the victim and the like.
Considering the materials available in the case dairy and the alleged role ascribed to each of the present petitioners, while I am
inclined to grant anticipatory bail to the petitioner no. 2 (Debabrata Dey) and the petitioner no.3 (Falguni Dey), the application for anticipatory bail of the petitioner no.1 (Sulekha Dey) is rejected. Accordingly, in the event of arrest, the petitioner no. 2 (Debabrata Dey) and the petitioner no.3 (Falguni Dey) 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 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 petitioner no. 2 (Debabrata Dey) and the petitioner no.3 (Falguni Dey) shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner no.2 (Debabrata Dey) shall meet the Investigating Officer once a fortnight till submission of report in final form.
The application for anticipatory bail being C.R.M. (A) 3071 of 2025 is, thus, partly allowed.
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.)