Krishna Biswas And ORS. v. State Of West Bengal

03/11/2025 M/L - 31 Court No.28 S. Kundu Allowed C.R.M.(A) 3161 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection Gaighata P.S. Case no. 690 of 2025 dated 7.7.2025 under Sections 85/76 of the BNS.

In the matter of: Krishna Biswas & Ors.

...Petitioners.

Mr. Kallol Kr. Basu Md. Jannat Ul Firdous Mr. Rajsekhar Hota ...for the petitioners.

Ms. Sukanya Bhattacharyya Ms. Kanchan Roy ...for the State.

1. Learned counsel appearing for the petitioners submits as follows. The petitioner no.1 is the husband of the alleged victim and the petitioner no. 2 is her mother-in-law. The petitioner no. 1 has complied with the notice issued. Earlier the wife had been misbehaving with the in-laws. Once she was having a video chat in a rather indecent manner with a male friend. When the husband protested, the wife assaulted her husband and the mother-in-law. Over this, a specific FIR was lodged. Afterwards the present case was started as a counterblast by way of an application before a Magistrate.

2. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and points to the statements of the wife recorded before the Magistrate.

3. Considering the incriminating materials available in the case diary and the fact that there are case and counter case, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

4. 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 further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no. 1 shall meet the I.O once a fortnight till submission of report in final form.

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

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

(Jay Sengupta, J.)