Sk Nasrul And ORS. v. State Of West Bengal
06.11.2025 Court No.28 Item No.40 tbsr Allowed CRM (A) 3323 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suri P.S. Case No.322 of 2025 dated 02.06.2025 under Sections 85/80/108/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 3/4 Dowry Prohibition Act.
And In the matter of: Sk. Nasrul & Ors.
....Petitioners.
Mr. Saryati Datta Mr. Sanjib Kr. Dan Mr. Chitrak Biswas ....for the petitioners Ms. Baisali Basu Mr. Tirupati Mukherjee ....for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents-in-law and the brother-in-law of the victim deceased. The marriage between the couple took place four years ago. The husband was arrested and was thereafter granted bail. In fact, for the last six months the victim and her husband had been staying somewhere else. Prior to the incident, the petitioner no. 2 had lodged an FIR against the alleged victim, her husband and her mother-in-law and an order was also passed against the husband of the victim for maintaining his parents. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the materials available in the case diary including the statement of a neighbour.
Even, the statement of the neighbour gives a clear indication that the petitioners were staying separately from the couple in question for some time.
Considering the materials available in the case diary, the alleged roles ascribed to the present petitioners and the fact that the husband of the victim was arrested and was granted bail, 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. 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 cooperate with investigation, shall not threaten or intimidate witnesses and the petitioner no. 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, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)