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2026 DAILYLAW 32673 (CAL)

MAHAMODA BIBI v. STATE OF WEST BENGAL

CRM (A)/1973/2026 · 2026-08-20

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 Item No. 31 Ct. No. 39 C.R.M.(A) 1973 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dadpur Police Station Case No. 117 of 2026 dated 08.04.2026 under Sections 85 / 118(2) / 109 / 316(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3/4 of the Dowry Prohibition Act, 1961 corresponding to G.R. Case No. 1150 of 2026 now pending before the learned Chief Metropolitan Magistrate, Hooghly. In the matter of : Mahamoda Bibi … Petitioner. Mr. Suman Chakraborty …for the Petitioner. Ms. Priti Kar Bagchi …for the State. 1. Learned advocate appearing for the petitioner submits that the petitioner is the mother-in-law of the victim and has been falsely implicated in this case. He further submits that the other co-accused person viz. Sabina Bibi has been granted bail by the learned trial court. The present petitioner is standing on the same footing. He prays for anticipatory bail for the petitioner on any terms and conditions. 2. On the other hand, learned advocate representing the State produces the case diary, the memo of evidence and relies upon the injury report and the statement of the victim recorded under Section 180 of the BNSS, 2023 and opposes the prayer for anticipatory bail of the petitioner. 3. Having heard the learned advocates for the respective parties and upon perusing the materials available on record, the case diary including the injury report and the statement recorded under Section 180 of the BNSS, 2023, this Court finds that no specific role has been attributed to the present petitioner. 4. In such view of the matter, this Court does not find any necessity for custodial interrogation/detention of the petitioner and, hence, prayer for anticipatory bail of the petitioner is considered and allowed on the following conditions. 5. Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. In the event, the petitioner fails to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 7. C.R.M.(A) 1973 of 2026 stands disposed of. 2 8. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.) 3