Extracted from the PDF above. The PDF is authoritative.
17.08.2026 DL-67 Court No.551 [Bench ID-266058] (AD)
(Allowed)
In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
C.R.M. (A) 2465 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with G.R. No.2778/26 of 2026 arising out of Nager Bazar Police Station Case No.102 of 2026 dated 22.04.2026 under Sections 108/3(5)/80/85 of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act presently pending before the Learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas. And
In the matter of: Santi Mallick & Ors. ….petitioners
Mr. Jayanta Narayan Chatterjee, Ld. Sr. Advocate
Mr. Debashis Banerjee, Advocate
Mr. Rajdeep Halder, Advocate
Mr. Rakesh Jana, Advocate
…for the petitioners
Mr. Pawan Kumar Gupta, Advocate
Mr. Sreyash Kumar Singh, Advocate
… for the State. 1. Learned Advocate appearing for the petitioners submits that the deceased victim committed suicide. She was suffering from medical condition and had a tendency of suicide. It is further submitted that the petitioners are in no way connected with the incident. They never inflicted torture upon the deceased. 2. Learned Advocate appearing for the petitioners also submits that the petitioner no.1 is the mother-in-law of the victim, petitioner nos.2 and 3 are the sisters-in-law and petitioner no. 4 is the husband of petitioner no.3. It is also contended that the petitioner no.5 is in no way connected with the family of the petitioners and as such the case
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under Sections 108/3(5)/80/85 of the BNS, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act cannot allow against such petitioner. It is further submitted that the investigation of the case has already been concluded. The charge sheet has been submitted. In such circumstances, learned Advocate appearing for the petitioners prays for anticipatory bail. 3. On the other hand, learned Advocate appearing for the State refers to the statements of the relatives of the husband of the victim lady recorded under Section 180 of the BNS. It is submitted by the learned Advocate appearing for the State that there are materials in the case diary that the deceased victim used to be subjected to torture by the petitioners which had driven the victim to commit suicide. He opposes the prayer for anticipatory bail. 4.
Upon hearing the submissions made on behalf of the parties and in consideration of the materials in the case diary, it is apparent that the petitioners are alleged to have inflicted torture upon the deceased victim after her marriage with the son of the petitioner no.1 sometimes in the year 2021. 5. The Court is informed that the principal accused, that is, the husband of the deceased victim was arrested in connection with the case and was subsequently enlarged on bail by the jurisdictional Court. 6. Petitioner no.1 is an old lady aged about 70 years whereas
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petitioner nos.2 to 5 are residing in separate mess from prior to the alleged incident. 7. As to fate of the present petitioners are responsible for abetting the suicide of the victim lady is to be considered at the time of trial on evaluation of the evidence to be adduced on behalf of the prosecution. 8. In such circumstances, 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, 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) 2465 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)
ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.18 11:44:08 +05'30'