Kuddus Ali and Anr. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Kuddus Ali and Anr. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner No.2 (Khurmiya Bibi) on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions of cooperation with investigation and non-intimidation of witnesses; the application of petitioner No.1 (Kuddus Ali) is rejected.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioners (stated to be the parents-in-law of the alleged victim) in connection with Beldanga P.S. Case No.713 of 2025.

Court's answer

Having considered the case diary materials and the alleged role ascribed to each petitioner, anticipatory bail is granted to petitioner No.2 (Khurmiya Bibi) while the application of petitioner No.1 (Kuddus Ali) is rejected.

Ratio / Principle

In the event of arrest, petitioner No.2 (Khurmiya Bibi) is to be released on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS and further conditions that she cooperate with the investigation and not threaten or intimidate witnesses.

Detailed headnote1 paragraphs

Anticipatory bail – Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 – Application by parents-in-law of the alleged victim in Beldanga P.S. Case No.713 of 2025 dated 11.10.2025 under Sections 85/89 of the BNS, 2023 – State relies on injury report dated 04.09.2025 recording physical assault by blunt object and allegation of assault on the abdomen resulting in miscarriage – Considering the case diary materials and the alleged role ascribed to each petitioner, anticipatory bail granted to petitioner No.2 (Khurmiya Bibi) on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions to cooperate with investigation and not threaten or intimidate witnesses – Application of petitioner No.1 (Kuddus Ali) rejected – Application disposed of.

AD 66 April 8, 2026 Ct. 28 SG CRM(A) 736 of 2026 Partly Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Beldanga P.S. Case No.713 of 2025 dated 11.10.2025 under Sections 85/89 of the BNS, 2023. And In the matter of: Kuddus Ali and another … petitioners Mr. Arnab Chatterjee Ms. Ankusha Ghosh … for the petitioners Mr. Partha Pratim Das Mr. Asif Dewan … for the State

Learned counsel for the petitioners submits that the petitioners are the parents-in-law of the alleged victim. The marriage had taken place nine years ago. The brother-in-law was arrested earlier. The petitioners have been falsely implicated in this case.

Learned counsel for the State opposes the prayer for anticipatory bail and refers to the injury report dated 04.09.2025 which records that there was a physical assault by blunt object. It is alleged that the petitioner No.1 and the brother-in-law of the alleged victim assaulted her in her abdomen resulting in miscarriage. He also refers to the statements of neighbours who were immediate postoccurrence witnesses to the incident.

2

Considering the above, the other materials available in the case diary and the alleged role ascribed to each of the present petitioners, while I am inclined to grant anticipatory bail to the petitioner No.2, the application for anticipatory bail of the petitioner No.1 (Kuddus Ali) is rejected.

In the event of arrest, the petitioner No.2 (Khurmiya Bibi) 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 No. 2 shall cooperate with the investigation and shall not threaten or intimidate witnesses.

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

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

(Jay Sengupta, J.)