Ravindra Kumar Mishra And ORS. v. State Of West Bengal

07.11.2025 Court No.28 Item No.51 ssi CRM (A) 3292 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Jhargram Woman PS Case No.44 of 2025 dated 12.07.2025 under Sections 85/3(5) of the BNS, 2023 and 4 DP Act and 3 (1) ( r) (z) (zc) SC & ST (Prevention of Atrocities) Act.

And In the matter of: Ravindra Kumar Mishra & others. ....Applicants/Petitioners Mr. Asis Bhattacharyya Mr. B. Mitra Mr. Lucky Parta ...for the petitioners Mr. Pravash Bhattacharya Mr. Prakash Mishra ..for the State Heard the learned counsels for the parties.

Perused the case diary.

It is an unfortunate case where a dispute arose between the de facto complainant wife and the husband and his relatives over acceptance of a marriage between persons belonging to two different castes.

Considering the materials available in the case diary including the statements of witnesses supporting the prosecution case, this appears to be a case where husband and some other relatives expressed their inability to take back the alleged victim to the maternal home as she belonged to a so-called "lower caste". But, all these were allegedly said over telephone and not in a public view. Hence, the provisions of Section 3 (1) (r ) (z) (zc) SC & ST (Prevention of Atrocities) Act would not be prima facie applicable. Therefore, in view of the decisions of the Hon'ble Apex Court in Prathvi Raj Chauhan -vs- Union of India & others reported at (2020)

4 SCC 727, where a prima facie case is not made out under such provisions, anticipatory bail can be granted in appropriate circumstances with a cautious exercise of power. In view of the above and considering the facts and circumstances of the case as discussed above, I find their application for anticipatory bail quite maintainable.

The petitioners are the father in law, the mother in law and the brother in law of the alleged victim.

Considering the materials available in the case diary and the alleged roles ascribed to each of the present petitioners, 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. Accordingly, the application for anticipatory bail of the petitioners is allowed.

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 condition that the petitioners shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner nos. 1 and 3 shall meet the Investigating Officer once a fortnight till submission of report in final form.

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