Balai Bagdi And ORS. v. State Of West Bengal
08.01.2026 SL.142 Ct.No.28 NB CRM (A) 4371 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 Patrasayer P.S. Case No.216/2025 dated 22.08.2025 under Sections 85/115(2)/117(2)/118(2)/109/351(2)(3)/3(5) of the BNS and Sections 3⁄4 of the Dowry Prohibition Act, 1961.
And In the matter of: Balai Bagdi @ Guiram & Ors. .... petitioners Mr. Samiran Mandal, Mr. Nitish Samanta, Ms. Shreyashee Mitra.
...for the petitioners.
Ms. Baisali Basu, Mr. Tirupati Mukherjee.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The principal accused being the husband is on bail. The present petitioners are the bother in law and some other distant inlaws of the alleged victim. The story of attempting to hang the victim is not supported by any independent witness.
Learned counsel appearing on behalf of the State relies on the statements of witnesses including the victim and the injury report. However, no statements of the two children, aged about 9 and 5 years have been recorded by the Investigating Officer. Considering the above, the other materials available in the case diary, the alleged roles ascribed to the present petitioners, the fact that the principal accused being the husband was arrested and thereafter granted bail and the fact that charge sheet has already
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. The presence of the Investigating Officer is noted and is dispensed with.
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.)