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2026 DAILYLAW 232 (CAL)

CHABI SAMANTA v. STATE OF WEST BENGAL

CRM (A)/317/2026 · 2026-02-10

Jay Sengupta

body2026

Judgment text

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10.02.2026 Court No.28 Item No. 63 tbsr Allowed CRM (A) 317 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khanakul P.S. Case No.405 of 2025 dated 10.06.2025 under Sections 85/80(2)/3(5) of the BNS, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961. And In the matter of: Chabi Samanta ….Petitioner. Mr. Dibyo Mukherjee ….for the petitioner Ms. Shaila Afrin Mr. Abhinaba Mukherjee ….for the State Learned counsel appearing on behalf of the petitioner submits that the petitioner is the mother-in-law of the alleged victim. The husband and the father-in-law were arrested earlier and were granted bail. The marriage took place four years ago. The principal accused is the husband. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the post mortem report including the statement of the informant recorded before the learned Magistrate. In such statement, the main allegations leveled are against the husband. Considering the above, the other materials available in the case diary, the fact that that the principal accused, being the husband, as well as the father-in-law were arrested earlier and were granted bail and the fact that charge sheet has been submitted, I am inclined to 2 grant anticipatory bail to the petitioner, who is the mother-in-law of the victim. 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 surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. 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.)