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Calcutta High CourtCRM (A)/3299/2025allowed

Petitioner 1 v. State Of West Bengal And ANR

2025-11-10Hon'Ble Justice Jay Sengupta2 pages

10/11/2025 D/L - 34 Court No.28 S. Kundu Allowed C.R.M.(A) 3299 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Diamond Harbour P.S. Case no. 193 of 2025 dated 7.6.2025 under Sections 85/80 of the BNS.

In the matter of: XXX & Anr.

...Petitioners.

Mr. Debabrata Acharyya Ms. Sital Samanta ...for the petitioners.

Ms. Zareen N Khan Ms. Suveni Banerjee ...for the State.

1. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents-inlaw of the principal accused. The principal accused and the victim deceased allegedly fell in love and got married. But, at that time, the victim girl was minor. As the victim and the principal accused wanted a shelter, the petitioners allowed them to stay in their house. The relationship was not accepted by the parents of the victim. As a result of which the victim committed suicide.

2. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. She submits that the principal accused is in custody. As would be evident from the statement of the de-facto complainant as well as neighbours of the accused that the present

petitioners and the husband used to torture the minor victim girl for want of dowry.

3. Considering the materials available in the case diary, the alleged role ascribed to the present petitioners and the fact that the principal accused is in custody and the fact that charge-sheet has been submitted, 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 not threaten or intimidate the witnesses. The petitioners shall surrender and pray for bail before the learned jurisdictional Court within a period of four weeks from date.

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

6. The presence of the Investigating Officer is noted and is dispensed with.

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

(Jay Sengupta, J.)