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2026 DAILYLAW 33186 (CAL)

KOHINOOR BIBI v. STATE OF WEST BENGAL

CRM (A)/2444/2026 · 2026-08-20

Md Shabbar Rashidi

body2026

Judgment text

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20.08.2026 DL-14 Court No.551 [Bench ID-266058] (AD) (Allowed) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2444 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 in connection with Crl. Misc. Case No.2947 of 2026 arising out of Raghunathganj Police Station Case No.508 of 2026 dated 29.04.2026 under Sections 109(1)/115(2)/117(2)/126(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Learned Sessions Judge, Murshidabad at Berhampur (corresponding to GR Case No.1552 of 2026). And In the matter of: Kohinoor Bibi ….petitioner Ms. Minoti Gomes, Advocate Ms. Manika Sarkar, Advocate …for the petitioner Mr. Aniruddha Bhattacharya, Advocate Mr. Ayan Mitra, Advocate … for the State 1. Memo of evidence filed in Court be taken on record. 2. Learned Advocate appearing for the petitioner submits that the petitioner happens to be an old aged lady. She further submits that there are allegations of assault by the present petitioner, however, another co-accused who is also alleged to have committed the offence for assault was arrested and subsequently granted bail by the learned jurisdictional Court. She prays for anticipatory bail to the petitioner on the ground that the petitioner being an aged lady. 3. Learned Advocate appearing for the State relies upon the injury report contained in the case diary as well as the statements of the victims and other witnesses recorded 2 under Section 180 of the BNSS. He submits that the victims sustained fracture injury which is grievous in nature. He opposes the prayer for anticipatory bail. 4. Having heard the submissions made on behalf of the parties and on perusal of the materials in the case diary, it appears that there was an incident of assault over the issue of construction of a public drain. In such incident, the petitioner as well as the co-accused Gousul Alam allegedly assaulted the victim with a brick causing fracture. The said Gousul Alam has already been granted bail by the learned jurisdictional Court. 5. In the aforesaid facts and circumstances of the present case and in consideration of the nature of allegations made in the First Information Report, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioner will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order 3 to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 7. The prayer for anticipatory bail of the petitioner is allowed. 8. C.R.M. (A) 2444 of 2026 is disposed of. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.20 18:54:47 +05'30'