IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 08.07.2026 Item No. 14 Ct. No. 5 C.R.M.(A) 422 of 2026 AN (REJECTED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dinhata Police Station Case No. 389 of 2026 dated 01.06.2026 under Sections 85/80 of the Bharatiya Nyaya Sanhita, 2023 read with Section 3/4 of the Dowry Prohibition Act corresponding to G.R. Case No. 416 of 2026 now pending before the learned Additional Chief Judicial Magistrate, Dinhata. In the matter of : Swapan Sarkar & anr. … Petitioner. Mr. Sudip Guha Ms. Sayantani Das Ms. Ankita Nag …for the Petitioner Mr. Avrojyoti Das, ld. APP Mr. Atul Dong Ms. Panchali Deb Sikder (Nag) …for the State. 1. The petitioners are anticipating arrest in connection with Dinhata Police Station Case No. 389 of 2026 dated 01.06.2026 under Sections 85/80 of the Bharatiya Nyaya Sanhita, 2023 read with Section 3/4 of the Dowry Prohibition Act corresponding to G.R. Case No. 416 of 2026 now pending before the learned Additional Chief Judicial Magistrate, Dinhata. 2. The petitioners have approached this Court with their prayer for anticipatory bail without first approaching the learned Sessions Judge, Coochbehar with the same 2 prayer which stands in contravention of the judgment of the Hon’ble Supreme Court in the case of Mohammed Rasal C. and Another Vs. State of Kerala and Another reported at 2025 SCC OnLine SC 2728. 3. In such view of the matter, it is directed that the present anticipatory bail application of the petitioners be treated as withdrawn. 4. The petitioners shall file similar prayer before the learned Sessions Judge, Coochbehar afresh. 5. Let not any coercive steps be taken against the petitioners till the learned Sessions Judge disposes of the application for bail filed by the petitioners. 6. In view of the above, C.R.M.(A) 422 of 2026 stands disposed of as withdrawn. (Rai Chattopadhyay, J.)