27.02.2026 Court No.28 Item No.27 tbsr Allowed CRM (A) 416 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Cr.P.C., 1973 in connection with Burdwan P.S. Case No.1127 of 2023 dated 02.09.2023 under Sections 498A/406/376/511/341/313/120B of the IPC, 1860. And In the matter of: XXX & Ors. ….Petitioners Mr. Anand Keshari Ms. Alvina Bakhteyar ….for the petitioners Mr. Binoy Panda Ms. Manasi Roy ….for the State Md. Sabbir Biswas ….for the de facto complainant Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the husband, the mother-in-law and the wife of the brother-in-law of the alleged victim. There was an allegation of attempt to rape made against the brother-in-law. The brother-in-law was arrested and was thereafter granted bail. The marriage took place in 2021. The wife stayed in the matrimonial home only for seven months. Now, there is a settlement between the private parties and an application for mutual divorce has been filed. Learned counsel appearing on behalf of the de-facto complainant submits that the private parties have filed an application for mutual divorce. 2 Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the statements of the victim recorded before the learned Magistrate and the neighbour’s statements. However, the alleged survivor had refused to undergo medical examination. Considering the above, the other materials available in the case diary, the fact that one of the accused, against whom there was an allegation of attempt to rape, was arrested and was thereafter granted bail and the fact that charge sheet has been filed, I am inclined to grant anticipatory bail to the petitioners. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)