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Calcutta High CourtCRM (A)/4123/2025allowed

Pashupati Samanta @ Pasupati Samanta And ANR. v. State Of West Bengal

2025-12-23Hon'Ble Justice Jay Sengupta2 pages

23.12.2025 SL.53 Ct.No.28 NB CRM (A) 4123 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 Pingla P.S. Case No.241/2025 dated 19.09.2025 under Sections 85/108/80(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3⁄4 of the Dowry Prohibition Act.

And In the matter of: Pashupati Samanta @ Pasupati Samanta & Anr. .... petitioners Mr. Bhaskar Hutait.

...for the petitioners.

Mr. Saibal Bapuli, Ms. Pritha Paul.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents in law of the victim deceased. The marriage took place two years ago. The husband being the principal accused was arrested and was thereafter, granted bail.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the postmortem report.

Considering the materials available in the case diary, the fact that the principal accused was arrested and was thereafter granted bail, and that a co-accused sister in law had been granted anticipatory bail by the learned Sessions Court and the fact that charge sheet has also been submitted, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, 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 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 on further condition that the petitioners shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall regularly attend the jurisdictional Court.

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.)