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2026 DAILYLAW 32760 (CAL)

RAFIKUL ISLAM AND ANR v. STATE OF WEST BENGAL

CRM (A)/2470/2026 · 2026-08-21

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.08.2026 DL-9 Court No.551 [Bench ID-266058] (AD) (Allowed) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2470 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harischandrapur Police Station Case No.1273 of 2025 dated 02.12.2025 under Sections 80/85/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, pending before the learned Chief Judicial Magistrate at Malda. (Corresponding to G.R. Case No.5658 of 2025). And In the matter of: Rafikul Islam & Anr. ….petitioners Mr. Md. Wasim Akram, Advocate Ms. Sabrina Parveen, Advocate …for the petitioners Mr. Satadru Lahiri, Advocate Mr. Anirban Banerjee, Advocate … for the State 1. Memo of evidence filed in Court be taken on record. 2. Learned Advocate appearing for the petitioners submits that the petitioners are parents-in-law of the victim. The victim committed suicide after five years of her marriage with the son of the present petitioners. He also submits that the investigation of the case is already over and charge sheet has been submitted. 3. Learned Advocate appearing for the petitioners also submits that the husband of the victim was arrested and subsequently granted bail by the learned jurisdictional Court. He prays for anticipatory bail. 4. On the other hand, learned Advocate appearing for the State relies upon the materials contained in the case diary. 2 He refers to the statements of the witnesses recorded under Section 183 of the BNSS. Such witnesses include the mother and brother of the victim. 5. Learned Advocate appearing for the State submits that there are allegations that the victim was subjected to physical and mental torture by the accused persons including the present petitioners. 6. Having considered the rival submissions made on behalf of the parties and on perusal of the materials in the case diary including the statements recorded under Section 183 of the BNSS as well as Section 180 of the BNSS, it transpires that there are allegations of physical and mental torture by the petitioners, although, it has been submitted on behalf of the petitioners that they used to reside in separate mess. 7. The post-mortem report discloses that the Autopsy Surgeon noted one oblique, non-continuous high ligature mark over the neck of the victim. According to the Medical Officer, death was caused due to the effect of the hanging which was opined to be ante-mortem in nature. 8. Since the principal accused has already been granted bail by the learned jurisdictional Court and the investigation of the case has already ended in a charge sheet, I am inclined to grant anticipatory bail to the petitioners. 9. 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, 3 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 the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. 10. The prayer for anticipatory bail of the petitioners is allowed. 11. C.R.M. (A) 2470 of 2026 is disposed of. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.21 17:19:30 +05'30'