Xxx Vs the State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2025)

Xxx Vs the State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: the petitioner is to be released on bail in the event of arrest upon furnishing a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and on the further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

Issue for consideration

Whether the petitioner, accused in Baruipur Women Police Station Case No.04 of 2025, should be granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Though the victim alleged that kerosene oil was thrown upon her, no wearing apparels were seized and no forensic report showing kerosene oil on the seized apparel was placed before the Court; the co-accused had been granted pre-arrest bail, and the Court was inclined to extend the same privilege to the petitioner.

Ratio / Principle

In the event of arrest, the accused/petitioner is to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the arresting officer, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and on the further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

Key takeaways

The application for anticipatory bail is disposed of.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Petitioner, stated to be the husband of the victim lady who had lodged a criminal case against her, sought pre-arrest bail in Baruipur Women Police Station Case No.04 of 2025 (G.R. Case No.227 of 2025) under Sections 85/316(2)/351(2)/115(2)/62/64/109/3(5) of the Bharatiya Nyaya Sanhita, 2023 – Allegation of throwing kerosene oil on the victim, but no wearing apparels seized and no forensic report showing kerosene oil on seized apparel placed before the Court – Co-accused already granted pre-arrest bail; same privilege extended to petitioner – Bail granted in the event of arrest on a bond of Rs.10,000/- with two sureties of like amount each, subject to conditions under Section 482(2) BNSS and on condition that the petitioner appear before the jurisdictional court and pray for regular bail within four weeks.

04.03.2025 Sl. No.7 akd [ALLOWED]

C. R. M. (A) 651 of 2025

In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.02.2025 in connection with Baruipur Women Police Station Case No.04 of 2025 dated 08.01.2025 under Sections 85/316(2)/351(2)/115(2)/62/64/ 109/3(5) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.227 of 2025)

And

In Re: XXX

… … Petitioner

Mr. Abhra Mukherjee Mr. Swakshar Kumar Mondal Mr. Arpayan Mukherjee Mr. Himadree Ghosh

… … for the petitioner

Ms. Jonaki Saha … … for the State

It is submitted on behalf of the petitioner that he is the husband of the victim lady. He has lodged a criminal case against her. In retaliation, the present case has been registered. Accordingly, he prays for anticipatory bail.

Learned Advocate for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statement of the victim lady. Though she alleged kerosene oil was thrown upon her, no wearing apparels have been seized nor any forensic report showing kerosene oil on the seized apparel is placed before us. Co-accused has been granted pre-arrest bail. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.

Accordingly, we direct in the event of arrest, the accused/petitioner be released on bail upon furnishing a bond of

2

Rs.10,000/- (Rupees Ten thousand only), 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 further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Gaurang Kanth, J.)

(Joymalya Bagchi, J.)