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2026 DAILYLAW 34370 (CAL)

JAKIR HOSSAIN AND ANR. v. STATE OF WEST BENGAL

CRM (A)/2739/2026 · 2026-08-24

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.615 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2739 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Amdanga Police Station Case No. 229 of 2026 dated 26.04.2026 under Sections 85/80/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 992/2026). And In Re : Jakir Hossain and another ... Petitioners. Mr. Dipankar Aditya, Ms. Sujata Das ... For the Petitioners. Mr. Somnath Adhikary, Ms. Madhurai Sinha ... For the State. Learned advocate appearing for the petitioners, at the inception, submits that petitioner no.1 was arrested during the pendency of the application. As such, the prayer for anticipatory bail of the petitioner no.1 viz., Jakir Hossain is dismissed as not pressed. So far as the petitioner no.2 is concerned, she is the mother-in-law of the deceased. It has been submitted that there are general accusations against all the accused persons. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and submits that the victim jumped from the roof. There are accusations so far as the implication of torture is concerned. 2 Records reflect that the husband initially surrendered and subsequently he has been released on bail. Records also reflect that charge-sheet has already been submitted. Petitioner no.2 is a lady. Having considered that the father- in-law and the husband were arrested, I am of the view that with the submission of the charge-sheet, custodial detention of the petitioner no.2 in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner no.2 is allowed. Accordingly, in the event of arrest, the petitioner no.2 viz., Sahanara Bibi shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper and also be 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 charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks from date. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2739 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)