Najir Ali Mistri and Ors. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Najir Ali Mistri and Ors. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioners; on arrest, release on a bond of Rs. 10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, cooperation with the investigation, abstention from threatening or intimidating witnesses, and weekly meetings with the investigating officer by petitioner Nos. 1 and 3 till submission of the report in final form.

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 and brother-in-law of the alleged victim) in connection with Madhabpur P.S. Case No. 134 of 2025 under Sections 85/103/3(5) of the BNS, 2023.

Court's answer

Anticipatory bail is granted to the petitioners, considering the materials in the case diary and the fact that the principal accused (the husband) had been arrested and thereafter granted bail.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail on a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local, and are subject to the conditions under Section 438(2) of the CrPC, 1973 corresponding to Section 482(2) of the BNSS, 2023.

Key takeaways

Further bail condition: the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses.ratio¶9
Further bail condition: petitioner Nos. 1 and 3 shall meet the investigating officer once a week till submission of the report in final form.ratio¶9

Detailed headnote1 paragraphs

Criminal Misc. (Anticipatory Bail) application under S. 482, Bharatiya Nagarik Suraksha Sanhita, 2023 by Najir Ali Mistri and others — parents-in-law and brother-in-law of the alleged victim — in connection with Madhabpur P.S. Case No. 134 of 2025 dated 26.11.2025 under Ss. 85/103/3(5), BNS 2023; the marriage took place eight years ago and the principal accused (the husband) had already been arrested and enlarged on bail. Considering the case-diary materials and that fact, the court granted anticipatory bail: on arrest, the petitioners are to be released on a bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of like amount each (one local), subject to the conditions of S. 438(2), CrPC 1973 corresponding to S. 482(2), BNSS 2023, and further to cooperate with the investigation, refrain from threatening or intimidating witnesses, and — for petitioner Nos. 1 and 3 — to meet the investigating officer once a week till submission of the report in final form.

AD 19 May 22, 2026 Ct. 28 SG

CRM(A) 1367 of 2026

Allowed

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Madhabpur P.S. Case No.134 of 2025 dated 26.11.2025 under Sections 85/103/3(5) of the BNS, 2023. And In the matter of: Najir Ali Mistri and others … petitioners Mr. Soumik Ganguli Ms. Priti Burman … for the petitioners Mr. Krishendu Bhattacharya … Amicus

Learned counsel for the petitioners submits that the petitioners are the parents-in-law and the brother-in-law of the alleged victim. The principal accused being the husband was arrested and thereafter granted bail. The marriage took place 8 years ago.

Learned Amicus, assisting the State, relies on the case diary and opposes the prayer for anticipatory bail. He also relies on the post-mortem report and the statements of witnesses.

Considering the above, the other materials available in the case diary and the fact that the principal accused being the husband was arrested and thereafter granted bail, I am inclined to grant anticipatory bail to the petitioners.

2

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 cooperate with the investigation, shall not threaten or intimidate witnesses and the petitioner Nos.1 and 3 shall meet the investigating officer once a week till submission of report in final form.

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.)