Ankit Mittal and Anr. Vs the State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2026)

Ankit Mittal and Anr. Vs the State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail on furnishing a bond of Rs. 5,000/- with two sureties of Rs. 2,500/- each to the satisfaction of the Arresting Officer, subject to conditions of cooperation with investigation, abstention from threatening or intimidating witnesses, and meeting the I.O. as and when required till submission of the final report; CRM(A) 376 of 2026 disposed of accordingly.

Issue for consideration

Whether the petitioners (husband and mother-in-law of the de facto complainant), apprehending arrest in connection with Bhaktinagar Police Station Case Number 394 of 2026 under Sections 85 and 109(1) of the BNS, 2023, should be granted anticipatory bail under Section 438 CrPC / Section 482 BNSS, 2023.

Court's answer

Considering the affidavit recording the amicable settlement between the petitioners and the de facto complainant and the nature of the allegations in the written complaint, the prayer for anticipatory bail of the petitioners is granted.

Ratio / Principle

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 5,000/- with two sureties of Rs. 2,500/- each to the satisfaction of the Arresting Officer, subject to the conditions that they cooperate with the investigation, shall not threaten or intimidate witnesses, and shall meet the I.O. as and when required till submission of the report in final form.

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with corresponding Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 granted to the petitioners (husband and mother-in-law of the de facto complainant) apprehending arrest in Bhaktinagar Police Station Case Number 394 of 2026 dated 17.05.2026 under Sections 85 and 109(1) of the BNS, 2023 pending before the Learned Chief Judicial Magistrate, Jalpaiguri. The de facto complainant had affirmed an affidavit stating that the matter stood amicably settled and that the parties intended to reside together as husband and wife. Considering the settlement and the nature of the allegations in the written complaint, the Court directed that, in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs. 5,000/- with two sureties of Rs. 2,500/- each to the satisfaction of the Arresting Officer, subject to conditions that they cooperate with the investigation, not threaten or intimidate witnesses, and meet the I.O. as and when required till submission of the report in final form. Application disposed of.

18.06.2026 Court No.5 SL No.29 g.b.

HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

CRM(A) 376 of 2026

In Re: - An application under Section 438 of the Code of Criminal Procedure, 1973 and corresponding Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case Number 394 of 2026 dated 17.05.2026 under Sections 85 and 109 (1) of the BNS, 2023 pending before the Learned Chief Judicial Magistrate, Jalpaiguri.

And

In the matter of: Ankit Mittal & Anr.

….Petitioners. Ms. Madhushri Dutta Ms. Bipasha Mrug Ms. Shreyasi Roy …For the Petitioners. Mr. Avrojyoti Das, Ld. APP Miss. Rajyashree Ghosh …For the State. Mr. Subham Ghosh Mr. Mayank Roy ……….For the De facto Complainant 1. Affidavit of service filed be kept with the record. 2. The petitioners herein are the husband and mother-in-law of the de facto complainant. The petitioners have preferred this application apprehending arrest in connection with Bhaktinagar Police Station Case Number 394 of 2026 dated 17.05.2026 under Sections 85 and 109 (1) of the BNS, 2023 pending before the Learned Chief Judicial Magistrate, Jalpaiguri.

2

Learned counsel for the de facto complainant has placed an affidavit affirmed by the de facto complainant wherein it has been stated that the matter has been amicably settled between them and they intend to reside together as husband and wife

Considering the said submission and the nature of allegation as made in the written complainant, the prayer for anticipatory bail of the petitioners is granted.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 5,000/- with two sureties of Rs.2,500/- each, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the I. O. as and when required till submission of report in final form.

CRM (A) 376 of 2026 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Shampa Dutt (Paul), J.)