Saiful Haque Vs the State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Saiful Haque Vs the State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed; in the event of arrest, release on bail on furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one of whom must be local), to the satisfaction of the arresting officer, subject to conditions under Section 438(2) Cr.P.C. and/or Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; CRM (A) 17 of 2026 disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, the husband implicated in Jalpaiguri Women PS Case No. 196 of 2025 under Sections 85/64/115(2)/109/351(2) of the BNS, 2023 read with Sections 3/4 of the DP Act, in a case in which the charge-sheet stands submitted.

Court's answer

Having considered the fact that the charge-sheet has been submitted in the case and taking into account the totality of the circumstances, custodial detention of the petitioner is unwarranted.

Ratio / Principle

The prayer for anticipatory bail is allowed: in the event of arrest, the petitioner is to be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the arresting officer, and subject to the conditions under Section 438(2) of the Cr.P.C. and/or Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail - granted after submission of charge-sheet. Calcutta High Court, Circuit Bench at Jalpaiguri (Tirthankar Ghosh, J.), 09.01.2026, in CRM (A) 17 of 2026, an application under Section 482 of the BNSS, 2023/Section 438 of the Cr.P.C. Saiful Haque, the husband, sought anticipatory bail in connection with PTN No. WBJP02P006511 of 2025 arising out of Jalpaiguri Women PS Case No. 196 of 2025 dated 30.10.2025 under Sections 85/64/115(2)/109/351(2) of the BNS, 2023 read with Sections 3/4 of the DP Act; his counsel urged that he was implicated owing to regular trivial marital disputes, and the charge-sheet stood submitted (under Sections 85/115(2)/351(2) BNS and Sections 3/4 DP Act, per the State). Held, considering the submission of the charge-sheet and the totality of the circumstances, custodial detention of the petitioner was unwarranted; the prayer for anticipatory bail was allowed - release in the event of arrest on a bond of Rs. 20,000 with two sureties of Rs. 10,000 each (one local), subject to Section 438(2) Cr.P.C./Section 482(2) BNSS, 2023 conditions; application disposed of.

09.01.2026

Serial no. 32 [G.S.D]

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 17 of 2026

In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with PTN No. WBJP02P006511 of 2025 arising out of Jalpaiguri Women PS Case No. 196 of 2025 dated 30.10.2025 u/s 85/64/115(2)/109/351(2) of the BNS, 2023 read with Sections 3/4 of the DP Act.

-And-

In the matter of : Saiful Haque

… Petitioner(s)

Mr. P. K. Deb Mr. Anirban Banerjee

… for the petitioner(s)

Mr. Ujjwal Luksom Mr. Bhaskar Das

… for the State-respondent(s)

Learned advocate for the petitioner submits that the petitioner being the husband has been implicated in connection with the instant case because of regular trivial marital disputes.

Additionally, it has been submitted that charge-sheet has already been submitted in connection with the instant case.

Learned advocate for the State submits that chargesheet has been submitted under Sections 85/115(2)/351(2) of the BNS and Section 3/4 of the DP Act.

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Having considered the fact that charge-sheet has been submitted in the instant case and taking into account the totality of the circumstances, I am of the view that custodial detention of the present petitioner is unwarranted.

Hence, the prayer for anticipatory bail of the petitioner is Allowed.

Accordingly, I direct that in the event of arrest, the petitioner be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Accordingly, CRM(A) 17 of 2026 is disposed of .

Pending application(s), if any, is also disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)

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