29.07.2026 Serial no. 27 BP Court no.9 IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 157 of 2026 In re: An application under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with G.R. Case No. 2187 of 2025 arising out of Alipurduar Police Station Case No. 477 of 2025 dated 07/11/2025 under Section 137(2)/140(3) of the Bharatiya Naya Sanhita, 2023 and adding Section 103(1)/238 of the Bharatiya Naya Sanhita, 2023 corresponding to Alipurduar Police Station Chargesheet No. 30 of 2026 dated 29.01.2026 under Section 137(2)/140(3) of the Bharatiya Naya Sanhita, 2023 adding Section 103(1)/238 of the Bharatiya Naya Sanhita, 2023. -And- In the matter of : Puja Dey Ghosh … … Petitioner Ms. Esha Acharya Ms. Ipsita Saha … … For the Petitioner Mr. Rimik Chakraborty …For the de-facto complainant Mr. Avrojyoti Das, Ld. APP Ms. Madhushri Dutta … …For the State 1. The bail prayer of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner has been in custody for eight months twenty two days. Investigation of the case has ended in a chargesheet. Charges have not yet been framed. She 2 further submits that the petitioner is suffering from mental disorder. She prays for release of the petitioner on bail. 3. State and the de-facto complainant are represented. 4. On the other hand, learned advocate appearing for the State relies upon various documents in the case diary including the statement of the father-in-law of the petitioner recorded under Section 164 of the Code of Criminal Procedure. Learned advocate for the State also refers to the post mortem report as well as statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure. She opposes the prayer for bail. 5. The petitioner is alleged to have committed murder of her own minor child. According to the case made out by the prosecution, the petitioner was claimed to be a witch (diani) and in such practice of witchcraft, she committed murder of her own daughter. Initially, daughter was found missing from her house and a police report was made to that effect. Subsequently, the dead body of the victim was recovered as shown by the petitioner on the basis of her statement recorded under Section 161 of the Code of Criminal Procedure. 6. Considering the aforesaid facts and circumstances, nature of allegations and gravity of the offence, I am not inclined 3 to enlarge the petitioner on bail. The bail prayer of the petitioner is rejected. 7. CRM(M) 157 of 2026 is dismissed. (Md. Shabbar Rashidi, J.)