PETITIONER NO. 1 AND ORS v. STATE OF WEST BENGAL AND ANR
CRM (A)/1641/2026 · 2026-07-31
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31785 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31785 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
31.07.2026 Court No.35. D/L.44. Rakib (Allowed)
CRM (A) 1641 of 2026
In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Garhbeta Police Station case no. 93 of 2026 dated 24.02.2026 under Sections 85/115(2)/117(2)/91/109/351(2)/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 9/11 of the Child Marriage act and Section 6 of the POCSO Act, 2012. And In the matter of : XXX & Ors. ……Petitioners. Mr. Pinak Kumar Mitra Ms. Ankita Dutta
.....for the Petitioners. Ms. Surabhi Banerjee
……for the State. Mr. Aniruddha Bhattacharjee
......for the Victim
Learned advocate appearing for the petitioners submit that present petitioners are the father-in-law, mother-in-law, brother-in- law and sister-in-law. The husband has already been arrested and he is in custody. So far as the present petitioners are concerned, they are relations of the husband, however, they have been dragged in the case because of marital dispute. Learned advocate appearing for the victim/de-facto complainant submits that he has instructions that there are certain change in circumstances pursuant to the husband being arrested and continuing in custody. 2 Learned advocate appearing for the State produces the Case Diary and submits that prima facie, there are materials to suggest involvement of the present petitioners. I have taken into account the overall circumstances of the case and as the husband is already in custody and the present petitioners have been implicated as they are relations of the husband arising out of matrimonial tie, I am of the opinion that even if the charge-sheet has been submitted the custodial detention of the present petitioners may not be warranted. Accordingly, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, I direct that in the event of arrest, the petitioners shall furnish bonds subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since, charge-sheet has already been submitted this order of anticipatory bail will remain in force for a period of six weeks from date. With the aforesaid observations, CRM (A) 1641 of 2026 is allowed. Pending application (s), if any, is consequently disposed of. Memo of evidence submitted by the State be kept with the record.
3 All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)