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2026 DAILYLAW 34616 (CAL)

MAJIBAR SEKH@RAHAMAN AND ORS v. THE STATE OF WEST BENGAL AND ANR

CRM(A)/528/2026 · 2026-08-19

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.08.2026 Item no. 31. Court No.11. AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 528 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 Cooch Behar Sadar Women Police Station Case No.103 of 2026 Dated 31.05.2026 under Sections 137(2)/140(3)/115(2)/303(2) 324(5)/351(2) of the B.N.S. 2023 read with Sections 6/12/16 of the POCSO Act And In the matter of : Majibar Sekh @ Rahaman & Others ……Petitioners. Mr. Hillol Saha Poddar ……for the Petitioners. Ms. Smita Mitra Sinha, Mr. Tapas Prasad ……for the State. Mr. Mantu Mandal ……for the Defacto complainant. 1. In terms of my order dated August 11, 2026, it appears that the petitioners reported to the Investigating Officer as would appear from the compliance report filed by learned advocate for the petitioners in Court today. 2. I, therefore, see that the petitioners are cooperating with the Investigating Officer. I am inclined to allow this application for anticipatory bail so long as they continue to cooperate with the Investigating Officer. 3. Learned State Counsel says that the petitioners are permanent residents of Assam. Appropriate conditions should be imposed for grant of pre arrest bail. 2 4. Learned Advocate for the defacto complainant also opposes the prayer saying that this is not a fit case where pre arrest bail should be granted. 5. As indicated above, I am inclined to allow this application. 6. Accordingly, in the event of arrest, the petitioners, namely Majibar Sekh @ Rahaman, Sahera Khatun, Sayeb Hosen @ Saheb Hossain, Sanidul Hoque shall be released on bail upon furnishing a bond of Rs.10,000/-, each 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 and on further condition that the petitioner nos.1, 3 and 4 shall report to the Investigating Officer within three days from date and as and when called for, until further orders and on further condition that all the petitioners will not leave the geographical limits of Cooch Behar district without the leave of the Investigating Officer until further orders and they will provide their mobile numbers to the Investigating Officer. 7. In case the petitioners fail 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 3 Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 8. CRM (A) 528 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.)