Rafikul Alam @ Rafikul Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Rafikul Alam @ Rafikul Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: in the event of arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 482(2) BNSS 2023 conditions and further conditions of cooperation with investigation, weekly meetings with the investigating officer till final report, and non-intimidation of witnesses.

Issue for consideration

Whether the petitioner, arraigned in Ratua P.S. Case No.864 of 2025 dated 21.11.2025 under Sections 85/109/89/3(5) of the BNS, 2023, should be granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Considering the materials in the case diary (including the nursing home manager's letter indicating no history of physical assault at medical consultation and no significant external injury), custodial interrogation of the petitioner is not required and anticipatory bail is granted.

Ratio / Principle

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, subject to the conditions under Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023.

Key takeaways

Further bail conditions imposed: the petitioner shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form, and shall not threaten or intimidate witnesses.ratio¶9

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, BNSS 2023 sought by the petitioner (husband of the alleged victim; marriage of 2023) in Ratua P.S. Case No.864 of 2025 dated 21.11.2025 under Sections 85/109/89/3(5), BNS 2023, following an alleged miscarriage suffered by the victim in June 2025 and a 'talak' salish; the parents had already been granted anticipatory bail by the learned Sessions Court. The State opposed, relying on the statements of the victim and other witnesses and medical papers; however, the letter of the nursing home manager showed that the patient gave no history of physical assault at the time of consultation for the miscarriage and no significant external injury was seen. Held: on the case-diary materials, custodial interrogation of the petitioner was not required; anticipatory bail granted — in the event of arrest, release 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 Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, and further conditions that the petitioner cooperate with the investigation, meet the investigating officer once a week till submission of the final report, and not threaten or intimidate witnesses. Application allowed. (Jay Sengupta, J.)

AD 62 April 8, 2026 Ct. 28 SG

Allowed

CRM(A) 731 of 2026 An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ratua P.S. Case No.864 of 2025 dated 21.11.2025 under Sections 85/109/89/3(5) of the BNS, 2023. And In the matter of: Rafikul Alam @ Rafikul … petitioner Ms. Sujata Das … for the petitioner Ms. Zareen Khan Ms. Afreen Begum … for the State

Learned counsel for the petitioner submits that the petitioner is the husband of the alleged victim. The marriage had taken place in 2023. There was a miscarriage suffered by the alleged victim in the month of of June, 2025. Thereafter, she developed an illicit relationship with a cousin brother of the husband. A salish was held for ‘talak.’ Then, the FIR was lodged in the month of November, 2025. The parents were granted anticipatory bail by the learned Sessions Court.

Learned counsel for the State opposes the prayer for anticipatory bail, relies on the statements of the victim and the other witnesses and the medical papers and submits that from the letter of the manager of the nursing home, it appears that the patient did not give history of any physical assault at the time of medical consultation in respect of

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miscarriage. No significant external injury was seen at the time of consultation either.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

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

(Jay Sengupta, J.)