Chabi Samanta Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Chabi Samanta Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner (mother-in-law of the victim): release on arrest 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, subject to conditions under Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023, and further conditions that she surrender before the learned jurisdictional Court within four weeks, pray for and obtain bail, attend the jurisdictional Court regularly and not threaten or intimidate witnesses.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner, the mother-in-law of the alleged victim, in connection with Khanakul P.S. Case No. 405 of 2025 dated 10.06.2025 under Sections 85/80(2)/3(5) of the BNS, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961.

Court's answer

Anticipatory bail is granted to the petitioner, the mother-in-law of the victim, considering the other materials available in the case diary, the circumstance that the principal accused (husband) as well as the father-in-law were earlier arrested and granted bail, and that the charge sheet has been submitted.

Ratio / Principle

On arrest, the petitioner is to be released on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to the conditions of Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023, with further conditions of surrendering before the learned jurisdictional Court within four weeks, attending the jurisdictional Court regularly, and not threatening or intimidating witnesses.

Detailed headnote1 paragraphs

Anticipatory bail — S. 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — Application by the mother-in-law of the alleged victim in Khanakul P.S. Case No. 405 of 2025 dated 10.06.2025 under Sections 85/80(2)/3(5) of the BNS, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961. The husband, stated to be the principal accused, and the father-in-law had earlier been arrested and granted bail, and the charge sheet had been submitted. Although the State opposed, relying on witness statements, the post mortem report and the informant's statement recorded before the learned Magistrate (main allegations levelled against the husband), anticipatory bail was granted: release on a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, subject to the conditions of Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023, with directions to surrender before the learned jurisdictional Court within four weeks, attend regularly and not threaten or intimidate witnesses.

10.02.2026 Court No.28 Item No. 63 tbsr Allowed

CRM (A) 317 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khanakul P.S. Case No. 405 of 2025 dated 10.06.2025 under Sections 85/80(2)/3(5) of the BNS, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961.

And

In the matter of: Chabi Samanta

….Petitioner.

Mr. Dibyo Mukherjee

….for the petitioner Ms. Shaila Afrin Mr. Abhinaba Mukherjee ….for the State

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the mother-in-law of the alleged victim. The husband and the father-in-law were arrested earlier and were granted bail. The marriage took place four years ago. The principal accused is the husband.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the post mortem report including the statement of the informant recorded before the learned Magistrate. In such statement, the main allegations leveled are against the husband.

Considering the above, the other materials available in the case diary, the fact that that the principal accused, being the husband, as well as the father-in-law were arrested earlier and were granted bail and the fact that charge sheet has been submitted, I am inclined to

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grant anticipatory bail to the petitioner, who is the mother-in-law of the victim.

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 petitioner 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.

The application for anticipatory bail is, thus, allowed.

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.

(Jay Sengupta, J.)