SUSANTA KUMAR BISWAS AND ANR. v. STATE OF WEST BENGAL
CRM (A)/2436/2026 · 2026-08-18
Md Shabbar Rashidi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33548 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33548 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18.08.2026 DL-28 Court No.551 [Bench ID-266058] (AD)
(Allowed)
In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
C.R.M. (A) 2436 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Duttapukur Police Station Case No.468 of 2026 dated 15.06.2026 under Sections 3 and 4 of Dowry Prohibition Act, 1961 and Sections 123/3(5)/316(2)/85/89 of Bharatiya Nyaya Sanhita, 2023 pending before the Additional District and Sessions Judge, Barasat, North 24- Parganas, GR Case No.2116 of 2026. And
In the matter of: Susanta Kumar Biswas & Anr. ….petitioners
Ms. Juin Dutta Chakraborty, Advocate
Mr. Bidan Modak, Advocate
…for the petitioners
Mr. Sayak Chakraborti, Advocate
Ms. Supriti Sarkhel, Advocate
… for the State
1. Leave granted to the learned Advocate appearing for the petitioners to correct the cause title of the application. 2. Learned Advocate appearing for the petitioners submits that the petitioners are the parents-in-law of the victim. She further states that the principal accused, that is, the husband of the victim was arrested in connection with the instant case and was enlarged on bail by the jurisdictional Court. She further submits that petitioners are aged persons. There are no allegations as against the present petitioners save and except the omnibus allegations. She prays for anticipatory bail. 3. Learned Advocate appearing for the State relies upon various materials in the case diary and submits that there are allegations of inflicting torture upon the victim. He
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refers to the statements of the witnesses recorded under Section 180 of the BNSS. He also refers to the medical documents. He opposes the prayer for anticipatory bail. 4. It transpires from the materials-on-record that the witnesses have stated in their statements recorded under Section 180 of the BNSS that within a few months of marriage the victim was subjected to torture by her husband and other in-laws including the petitioners on demand of further dowry. However, the quantum of such demand has not been disclosed in such statements. Moreover, the medical documents relied upon by the State in support of prosecution under Section 89 of the BNS, it appears that the doctor who examined the victim while she was bleeding for her pregnancy has recorded the statement of the victim that she took medical abortifacient on April 27, 2026.
Such statement recorded by the conducting doctor does not speak of any inducement or forceful consumption of abortion medicine to the victim. Moreover, the principal accused, that is, the husband of the victim, has already been granted bail by the learned jurisdictional Court. As noted above, the petitioners are parents of the husband of the victim. 5. Considering the aforesaid circumstances, I am inclined to grant anticipatory bail to the petitioners. 6. 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,
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with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioner no.1 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and the petitioner no.2 will cooperate with the investigation till the conclusion of the investigation 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. 7. The prayer for anticipatory bail of the petitioners is allowed. 8. Memo of evidence is taken on record. 9. C.R.M. (A) 2436 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)
ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.18 17:54:41 +05'30'