Allowed¶13

Sarbani Dutta v. State of West Bengal

Calcutta HC10 Feb 2026CRM (A)/280/2026

Case brief

AI extract

What is this about?

What did the court decide?

Anticipatory bail in the event of arrest, on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, with a further direction to surrender before the jurisdictional Court within four weeks, attend regularly and not threaten or intimidate witnesses.

Sarbani Dutta Vs State of West Bengal — Domestic Violence | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, the married sister-in-law of the alleged victim, should be granted anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Shibpur P.S. Case No. 354 of 2022.

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Court's answer

Anticipatory bail granted to the petitioner: she is the married sister-in-law of the alleged victim and stands on the same footing as the mother-in-law and another sister-in-law already granted anticipatory bail; the principal accused (the husband) was arrested and thereafter granted bail, and the charge sheet has been submitted.

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Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

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Key takeaways

The petitioner is directed to surrender before the learned jurisdictional Court within four weeks, pray for bail, attend the jurisdictional Court regularly and not threaten or intimidate witnesses.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail (Section 438 CrPC / Section 482 BNSS, 2023) granted to the petitioner, the married sister-in-law of the alleged victim, in connection with Shibpur P.S. Case No. 354 of 2022 under Sections 498A/406/306/34 IPC (corresponding Section 85/316(2)/108/3(4) BNS, 2023) and Sections 3/4 Domestic Violence Act, on parity with the mother-in-law and another sister-in-law who had earlier been granted anticipatory bail by the Court; the principal accused, the husband, was already arrested and granted bail, and the charge sheet has been submitted. Bail upon a bond of Rs.10,000/- with two like sureties (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and a direction to surrender before the jurisdictional Court within four weeks, attend regularly and not threaten or intimidate witnesses. (Jay Sengupta, J.)

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10.02.2026 Court No.28 Item No. 42 tbsr Allowed

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CRM (A) 280 of 2026

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In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Shibpur P.S. Case No. 354 of 2022 dated 02.11.2022 under Sections 498A/406/306/34 of the IPC corresponding Section 85/316(2)/108/3(4) of the BNS, 2023 and 3/4 Domestic Violence Act. And

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In the matter of: Sarbani Dutta

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….Petitioner. Mr. Rafikul Islam Sardar ….for the petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya ….for the State

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is the married sister-in-law of the alleged victim, staying elsewhere. Earlier, the mother-in-law and another sister-inlaw of the alleged victim were granted anticipatory bail by this Court. All of them stand on the same footing.

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Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that the petitioner stands on the same footing as the ones who were earlier granted anticipatory bail.

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It appears that the principal accused is the husband, who was arrested and was thereafter granted bail.

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Considering the above, the other materials available in the case diary, the fact that the petitioner is the married sister-in-law of the alleged victim, the principal accused, being the husband, was earlier

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arrested and was thereafter granted bail and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

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In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 within four weeks from this date and pray for bail and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

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The application for anticipatory bail is, thus, allowed.

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Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

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(Jay Sengupta, J.)

Sarbani Dutta v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Sarbani Dutta v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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