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2026 DAILYLAW 31997 (CAL)

KALIPADA BAIN AND ORS v. STATE OF WEST BENGAL

CRM (A)/2586/2026 · 2026-08-19

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.08.2026 Court No.35. D/L.584. Rakib (Allowed) CRM (A) 2586 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haridevpur Police Station case no. 274 of 2026 dated 26.06.2026 under Sections 85/316(2)/315(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the D.P. Act. And In the matter of : Kalipada Bain & Ors. ……Petitioners. Mr. Asim Kr. Chakraborty .....for the Petitioners. Mr. Shankar Mukherjee ......for the De-facto complainant. Ms. Shreshtha Ghosh Ms. Sanjana Jha ……for the State. Learned advocate appearing for the petitioners submits that petitioner no.1 is the father-in-law; petitioner no.2 is the mother-in- law; petitioner no.3 is the brother-in-law; petitioner no.4 is the wife of petitioner no.3 and petitioner no.5 is the sister-in-law. The present case arose out of matrimonial dispute. Although, there are accusations so far as the petitioners are concerned, as has been submitted by the de-facto complainant. I have taken into account that the jewelleries till date have not been recovered. However, having considered that the genesis of the case is of matrimonial dispute and the de-facto complainant’s principal dispute with her husband. So far as the petitioners are concerned, I am of the opinion that custodial detention of the petitioner is unwarranted. As such, prayer for anticipatory bail of 2 the petitioners namely, Kalipada Bain; Anima Bain; Amiya Bain; Pratima Bain and Aparna Mondal is allowed. As such, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioner no. 1 and 3, within a period of ten days from date, shall make themselves available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner no. 1 and 3 for the sake of investigation. With the aforesaid observations, CRM (A) 2586 of 2026 is allowed. 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.)