18.08.2026 Item no. 38. Court No.11. AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 594 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with New Jalpaiguri Police Station Case No.129 of 2026 Dated 27.02.2026 under Sections 329(4)/115(2)/324(2)/74/351(2)/3(5) of the B.N.S. 2023 read with Section 8 of the POCSO Act And In the matter of : Namita Roy ……Petitioner. Mr. Bikash Singha, Ms. Krishna Barman, Mr. Shambhu Sarkar ……for the Petitioner. Ms. Panchali Deb (Nag) Mr. Reshab Kumar, Mr. Rajdeep Das ……for the State. 1. Service report filed by the State, be kept with the records. In spite of service, nobody appears for the defacto complainant/victim. 2. The petitioner is one of two accused persons. She says that she has no role to play in the alleged crime. Her husband, the prime accused, has been granted regular bail by the learned Trial Court. She prays for anticipatory bail. 3. Learned State Counsel opposes the prayer. 4. I have seen the victim girl’s statement recorded under Section 164 Cr.P.C. She has not even named this petitioner. The entire allegation is against the petitioner’s 2 husband, who has been granted bail. Charge sheet has already been submitted upon completion of investigation. 5. In view of the aforesaid factual scenario, I am of the view that immediate custodial interrogation of the petitioner may not be necessary. 6. Accordingly, in the event of arrest, the petitioner, namely Namita Roy shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders. 7. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 8. CRM (A) 594 of 2026 stands disposed of. 9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) 3