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Calcutta High CourtCRM (A)/4064/2025allowed

Mantu Dolai @ Dolui And ORS. v. State Of West Bengal

2025-12-22Hon'Ble Justice Jay Sengupta2 pages

22.12.2025 Sl. No.76 Ct. 28 NB CRM (A) 4064 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kharagpur (Local) PS Case No.922/2024 dated 01.11.2024 under Section 85/103(1))/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Mantu Dolai @ Dolui & Ors.

... petitioners Mr. Amit Ranjan Pati, Mr. Sunayan Ghosh, Ms. K. Kubra, Mr. Anish Goswami, Ms. I. Nag ...for the petitioner.

Mr. Soumik Ganguly, Mr. Subhajit Chowdhury.

...for the State.

Learned senior counsel representing the petitioners submits as follows. The petitioners are the parents in law, the brother in law and the wife of the brother in law of the alleged victim. The marriage between the couple took place ten years ago. The husband was arrested and was thereafter granted bail. There was a delay of about 7 days in lodging the FIR.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the witnesses including the statements of two children recorded before the learned Magistrate and the postmortem report.

Considering the materials available in the case diary, the alleged roles ascribed to the present petitioners and the fact that the principal accused being the husband was arrested and was thereafter 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 present petitioners.

Accordingly, in the event of arrest, the petitioner 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and 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. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)