Kanai Moulik v. State Of West Bengal

12.12.2025 Court No.28 Item No.39 tbsr Allowed CRM (A) 3972 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hanskhali P.S. Case No.306 of 2025 dated 16.05.2025 under Sections 76/79/109(1)/115(2)/117(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 24 of the Maintenance and Welfare of Parents & Senior Citizens Act, 2007. And In the matter of: Kanai Moulik ....Petitioner.

Mr. Kiron Roy Ms. Sanjukta Mukherjee Mr. J. P. Diwedi Mr. Arpan Saha ...for the petitioner.

Mr. Debabrata Chatterjee Mr. Santanu Talukdar ....for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. A mother has lodged an FIR against her younger son and daughter-in-law. The daughter-in-law was granted anticipatory bail by the Sessions Court. Earlier, there was an FIR lodged by the said daughter-in-law against the mother. This is only a counter-blast. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of victim and other witnesses and to the injury report, which apparently do not show infliction of any grievous injury.

Considering the materials available in the case diary and the fact that there are case and counter case, although I am inclined to grant anticipatory bail to the petitioner, his movement needs to be restricted for a limited period.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner shall cooperate with investigation, shall not threaten or intimidate witnesses, shall meet the I.O. once a fortnight till submission of report in final form and shall stay outside the jurisdiction of Hanskhali Police Station for a period of two months except for meeting the Investigating Officer or attending the jurisdictional Court.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)