Manisha De Paul and Ors. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Manisha De Paul and Ors. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners: in the event of arrest, release on a bond of Rs.10,000/- each 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 1973 / Section 482(2) BNSS 2023, on further conditions that the petitioners co-operate with the investigation and do not threaten or intimidate witnesses; petitioner no.2 to meet the I.O. as and when required.

Issue for consideration

Whether the petitioners should be granted anticipatory bail under Section 482 of the BNSS in connection with Narayangarh Police Station Case No. 286 of 2025 under Sections 126(2)/117(2)/109/3(5) of the BNS 2023.

Court's answer

Custodial interrogation of the petitioners is not required; the court is inclined to grant anticipatory bail, considering the case diary materials, the alleged roles of the petitioners, and the prior proceeding initiated by the wife under Section 85 of the BNS.

Ratio / Principle

The application for anticipatory bail of the petitioners is allowed.

Key takeaways

In the event of arrest, the petitioners are to be released on bail on furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer.ratio¶10
Release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.ratio¶10

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the BNSS granted to the wife and parents-in-law of the de facto complainant in Narayangarh Police Station Case No. 286 of 2025 dated 14.12.2025 under Sections 126(2)/117(2)/109/3(5) of the BNS 2023, arising from an altercation when the husband allegedly came to their house and forcibly tried to take away the minor child; the injury report showed no grievous injury. Considering the case diary materials, the alleged roles of the petitioners and the prior proceeding initiated by the wife under Section 85 of the BNS, the court held that custodial interrogation was not required. Release directed on a bond of Rs.10,000/- each with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, with further conditions of co-operation with the investigation and no threatening or intimidating of witnesses; petitioner no.2 to meet the I.O. as and when required.

05.02.2026 Court No.28 Item No.31 ssi

CRM (A) 57 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Narayangarh Police Station Case No. 286 of 2025 dated 14.12.2025 under Sections 126(2)/117(2)/109/3(5) of the BNS 2023.

And In the matter of: Manisha De Paul & others. …. Petitioners. Mr. Debashis Sinha Mr. Rishav Ray Mr. Arpan Majhi …for the petitioners Mr. Moyukh Mukherjee Mr. Dilip Kumar Shyamal Mr. Gourab Ghosh Ms. R. Dey …for the de facto Mr. Saibal Bapuli, Ld. APP Mr. Arani Bhattacharyya ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the wife and the parents in law of the de facto complainant. The petitioner no.1 had earlier lodged a case, inter alia , under Section 85 of the BNSS against the other side. One day, the husband came to their house and forcibly tried to take away with the minor child. This led to an altercation. No grievous injury was caused. The brother of the petitioner no.1 was arrested and was thereafter granted bail.

Learned counsel appearing on behalf of the de facto complainant vehemently opposes the prayer for anticipatory bail and also refers to a lengthy statement of the de facto complainant recorded under Section 183 of the BNSS.

2

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the injury report which, however, does not show infliction of any grievous injury.

Considering the above, the materials available in the case diary and the alleged roles ascribed to the present petitioners and the fact that there is a prior proceeding initiated by the wife and inter alia under Section 85 of the BNS, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

Accordingly, the application for anticipatory bail of the petitioners is allowed.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further conditions that the petitioners shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no.2 shall meet the I.O. as and when required.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.)