Mahul Brahma Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

Mahul Brahma Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, conditioned on a Rs.10,000 bond with two like-amount sureties (one local), compliance with Section 482(2) BNSS, 2023 / corresponding Section 438(2) CrPC, 1973 conditions, cooperation with investigation, fortnightly meetings with the Investigating Officer until the final report, and no threatening or intimidating of witnesses.

Issue for consideration

Whether custodial interrogation of the petitioner was required in connection with Liluah P.S. Case No. 70 of 2026. +1 more

Court's answer

Considering the materials available in the case diary, this court held that custodial interrogation of the petitioner was not required.

Ratio / Principle

Anticipatory bail was granted: in the event of arrest, the petitioner is to be released 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 Section 482(2) BNSS, 2023 / corresponding Section 438(2) CrPC, 1973 conditions, and further bound to cooperate with investigation, meet the Investigating Officer once a fortnight till submission of the report in final form, and refrain from threatening or intimidating witnesses.

Detailed headnote1 paragraphs

Anticipatory bail (S. 482, Bharatiya Nagarik Suraksha Sanhita, 2023) granted to the petitioner-husband sought in Liluah P.S. Case No. 70 of 2026 dated 18.02.2026 (Ss. 85/316(2), Bharatiya Nyaya Sanhita, 2023; Ss. 3/4, Dowry Prohibition Act 1961). On the case-diary materials the court found custodial interrogation of the petitioner unnecessary, notwithstanding the State's reliance on the statement of the victim and other witnesses and the absence of an injury report from the case diary. Release ordered on a Rs.10,000 bond with two sureties of like amount each, one local, to the satisfaction of the Arresting Officer, subject to S. 482(2) BNSS, 2023 / corresponding S. 438(2) CrPC, 1973 conditions, with further conditions of cooperation with investigation, meeting the I.O. once a fortnight until the final-form report, and abstention from threatening or intimidating witnesses.

09.04.2026 Court No.28 Item No.95 tbsr Allowed

CRM (A) 821 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Liluah P.S. Case No. 70 of 2026 dated 18.02.2026 under Sections 85/316(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act 1961.

And Sri Mahul Brahma ….Petitioner. Mr. Anirban Kumar Banerjee Mr. Sudip Kumar Khan Ms. Shrabani Banerjee Mr. Aritra Bhattacharya Ms. Khadijatul Kubra ….for the petitioner Mr. Binoy Kumar Panda Mrs. Rituparna Saha ….for the State

In the matter of: Sri Mahul Brahma

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husbanded of the alleged victim. The marriage between the couple took place in 2018. The petitioner has complied with the notice issued by the police.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the statement of the victim and the statements of other witnesses. There is no injury report present in the case diary.

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.

2

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 cooperate with investigation, shall meet the I.O. once a fortnight 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 may be supplied to the parties expeditiously, if applied for.