MAMENUL ISLAM SARKAR AND ANR v. STATE OF WEST BENGAL
CRM (A)/2466/2026 · 2026-08-21
Md Shabbar Rashidi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32633 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32633 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21.08.2026 DL-8 Court No.551 [Bench ID-266058] (AD)
(Allowed)
In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
C.R.M. (A) 2466 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangarampur Police Station Case No.140 of 2026 dated 07.03.2026 under Sections 180/85/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961 before the learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur. (Corresponding to G.R. Case No.311/2026). And
In the matter of: Mamenul Islam Sarkar & Anr. ….petitioners
Mr. Mazhar Hossain Chowdhury, Advocate
…for the petitioners
Mr. Shatarup Purkayastha, Advocate
… for the State
1. It is submitted by the learned Advocate appearing for the petitioners that the petitioners happen to be the brother- in-law and the wife of the brother-in-law of the victim. The victim committed suicide. 2. Learned Advocate appearing for the petitioners further submits that the husband of the victim was arrested in connection with the case and was subsequently granted bail by the learned jurisdictional Court. He prays for anticipatory bail. 3. On the other hand, learned Advocate appearing for the State submits that the victim was murdered by the accused persons. The injuries noted in the post-mortem report justify the case under Section 103 of the BNS. 4. According to the learned Advocate appearing for the State,
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the victim was assaulted and was forcefully hanged. 5. Having considered the submissions made on behalf of the parties and on perusal of the materials in the case diary, it transpires that the Autopsy Surgeon has noted several injuries on the person of the victim. Such injuries include one oblique, non-continuous high ligature mark on the neck of the victim. He has opined the cause of death to be ante-mortem hanging. Moreover, charge sheet has been submitted. It further transpires from the materials-on- record that the husband of the victim has already been enlarged on bail. As to how far the present petitioners are responsible for abetting the victim to commit suicide is a matter to be considered at the trial upon consideration of the evidence to be adduced on behalf of the prosecution. 6. In such circumstances, I am inclined to grant anticipatory bail to the petitioners. 7.
Accordingly, I direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure
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the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. 8. The prayer for anticipatory bail of the petitioners is allowed. 9. C.R.M. (A) 2466 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)
ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.21 17:19:03 +05'30'