Basudeb Dutta and Anr. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Basudeb Dutta and Anr. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each (one surety local), subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, surrender before the jurisdictional court within four weeks, regular attendance, and abstention from threatening or intimidating witnesses.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioners (parents-in-law of the alleged victim who died by suicide) in connection with Hanskhali P.S. Case No. 48 of 2026.

Court's answer

Anticipatory bail is granted to the petitioners, the parents-in-law of the alleged victim, considering the case-diary materials, the fact that the husband (co-accused) was arrested and thereafter granted bail, and that a charge-sheet has been submitted.

Ratio / Principle

In the event of arrest, each petitioner is to be released on bail upon a bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local), subject to the conditions laid down under Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023, and further conditions: surrender before the jurisdictional court within four weeks, regular attendance at that court, and no threatening or intimidating of witnesses.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted (CRM(A) 1229 of 2026, decided May 21, 2026) to Basudeb Dutta and another, the parents-in-law of an alleged victim who committed suicide at her paternal home, in connection with Hanskhali P.S. Case No. 48 of 2026 dated 21.01.2026 under Sections 85/80(2)/3(5) of the BNS, 2023. Bail granted because the husband (co-accused) had been arrested and thereafter granted bail and a charge-sheet had been submitted; release ordered on a bond of Rs. 10,000/- each with two sureties of like amount each (one surety local), subject to Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, surrender before the jurisdictional court within four weeks, regular attendance, and non-intimidation of witnesses.

AD 26 May 21, 2026 Ct. 28 SG CRM(A) 1229 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hanskhali P.S. Case No.48 of 2026 dated 21.01.2026 under Sections 85/80(2)/3(5) of the BNS, 2023. And In the matter of: Basudeb Dutta and another … petitioners Ms. Minati Gomes

… for the petitioners Mr. Koustav Lal Mukherjee … Amicus

Learned counsel for the petitioners submits that the petitioners are the parents-in-law of the alleged victim. The husband was arrested and thereafter granted bail. The marriage had taken place four years ago. For the last three months, the alleged victim had been staying at her paternal home and she committed suicide there. The petitioners have been falsely implicated in this case.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He also relies on a purported suicide note, which has been placed in a sealed cover. He also relies on the statements of neighbours, other witnesses and the post-mortem report. He submits that although in the suicide note the victim had named the petitioners along with the husband as having tortured her, the statement of a neighbour indicates that on the day before the incident, the husband had gone to the house of the parents of the alleged victim where she was

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staying and he told her to commit suicide. Charge-sheet has been submitted.

Considering the above, the other materials available in the case diary, the fact that the husband was arrested and thereafter was granted bail and that a charge-sheet has been submitted, 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/- (rupees ten thousand) 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 the further conditions that the petitioners shall surrender before the jurisdictional court within four weeks from this date and pray for bail, 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, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)