Manisha De Paul And ORS. v. State Of West Bengal

05.02.2026 Court No.28 Item No.31 ssi CRM (A) 57 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Narayangarh Police Station Case No.286 of 2025 dated 14.12.2025 under Sections 126(2)/117(2)/109/3(5) of the BNS 2023. And In the matter of: Manisha De Paul & others.

.... Petitioners.

Mr. Debashis Sinha Mr. Rishav Ray Mr. Arpan Majhi ...for the petitioners Mr. Moyukh Mukherjee Mr. Dilip Kumar Shyamal Mr. Gourab Ghosh Ms. R. Dey ...for the de facto Mr. Saibal Bapuli, Ld. APP Mr. Arani Bhattacharyya ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the wife and the parents in law of the de facto complainant. The petitioner no.1 had earlier lodged a case, inter alia, under Section 85 of the BNSS against the other side. One day, the husband came to their house and forcibly tried to take away with the minor child. This led to an altercation. No grievous injury was caused. The brother of the petitioner no.1 was arrested and was thereafter granted bail.

Learned counsel appearing on behalf of the de facto complainant vehemently opposes the prayer for anticipatory bail and also refers to a lengthy statement of the de facto complainant recorded under Section 183 of the BNSS.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the injury report which, however, does not show infliction of any grievous injury. Considering the above, the materials available in the case diary and the alleged roles ascribed to the present petitioners and the fact that there is a prior proceeding initiated by the wife and inter alia under Section 85 of the BNS, 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. Accordingly, the application for anticipatory bail of the petitioners is allowed.

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 conditions that the petitioners shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no.2 shall meet the I.O. as and when required. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)