21.08.2026 Sl.No. 14 Ct. 39 Partly Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) No. 1979 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with GR case no. 856/2026, giving rise to Goghat Police Station Case No. 273 of 2026 dated 13.05.2026 under Sections 85/103(1)/ 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Dowry Prohibition Act, 1961. -And- In the matter of : DELUYAR MONDAL alias DIGAMBAR & ORS. …PETITIONERS Mr. Niladri Sekhar Ghosh Ms. Labani Sikder Mr. Souvik Dey ……..for the petitioners Mr. Sagar Saha Ms. Nayana Mukhopadhyay …for the State Mr. Dibyo Mukherjee …for the defacto-complainant 1. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners are innocent and they have been falsely implicated in the case. The son of petitioner no. 1 married the daughter of the de-facto complainant (victim) about 16 years ago and they have two children from their wedlock. He prays for anticipatory bail of petitioner no. 1 (father-in-law), petitioner no. 2 (mother-in-law), petitioner no. 3 (niece of 2 the victim’s husband), petitioner no. 4 - Tajamul Mondal @ Mohan (cousin brother of the victim’s husband), and petitioner no. 5 (uncle of the victim’s husband). The petitioner nos. 3, 4 and 5 are residing separately. 2. It is further submitted that the victim was suffering from psychological disorder and her treatment had been going since 2018. Earlier, she had also attempted suicide. She committed suicide by jumping from the roof. The FIR was lodged 5 months after the incident. He prays for anticipatory bail on any terms and conditions. 3. Learned counsel appearing on behalf of the de-facto complainant submits that due to continuous torture, victim suffered from psychological disorder and ultimately they murdered her by throwing her from the roof. 4. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and produces the case diary and the memo of evidence as well as he relies upon the statement of the mother of the victim recorded under section 183 of BNSS. 5. Memo of evidence, filed by the State, is taken on record. 6. Having heard the learned counsels for the respective parties and on perusal of the materials available on record as well as the case diary including the medical report and 183 statement of the mother of the victim and the post-mortem report, this court finds that the 3 petitioner nos’. 3, 4 and 5 involvements in the incident and materials are shaky. 7. Considering the overall facts and material available in the record particularly documents of medical treatment, this court finds that this is a fit case for granting anticipatory bail to the petitioner nos. 3, 4 and 5, as there is no need for custodial interrogation/detention. 8. Accordingly, the prayer for anticipatory bail of the petitioner nos. 3, 4 and 5, namely, Nasiba Khatun, Tajamul Mondal alias Mohan and Hapijur Mondal alias Hafijul are allowed. 9. However, the prayer for anticipatory bail of the petitioner nos. 1 and 2, namely, Deluyar Mondal alias Digambar and Ambiya Bibi are rejected. 10. In the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11. In the event the petitioners fail to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 12. The application for anticipatory bail is, thus, disposed of. 4 13. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 14. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. )