JYOTISH BARMAN@FANI BARMAN AND ANR v. THE STATE OF WEST BENGAL
CRM(A)/619/2026 · 2026-08-18
Arijit Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34705 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34705 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13. 18.08.2026 Court No.11 (Tanmoy)
Allowed
CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE
CRM(A)/619/2026
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Mathabhanga Police Station Case No. 347/2026 dated 20.05.2026 under Sections 85/80/3(5) of Bharatiya Nyaya Sanhita, 2023. And In the matter of: - JYOTISH BARMAN@FANI BARMAN AND ANR. …petitioners. Mr. Partha Pratim Sarkar Mr. Bappaditya Roy …for the petitioners. Mr. Avrojyoti Das, APP Ms. Ruchika Agarwala Mr. Shyamal Barman
…for the State. 1. The allegation is under Sections 85/80/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 498A/304B/34 of the Indian Penal Code, 1860). The petitioner no.1 is the brother of the husband of the victim and the petitioner no.2 is the mother- in-law. They say that the prime accused is the husband who is in custody. The father-in-law has been granted bail upon surrendering, by the learned Trial Court. Charge-sheet has been filed. They will fully co-operate with the Police. They pray for pre-arrest bail. 2. Learned State Counsel says that these petitioners were also named in the First Information Report (F.I.R.). However, she
2 admits that charge-sheet has been filed upon completion of investigation. 3. I see from the F.I.R. that the allegations are of omnibus nature. The prime accused is in custody. 4. On an overall assessment of the facts and circumstances of the case and considering the possible degree of complicity of these petitioners in the alleged crime, I am of the view that immediate custodial interrogation of the petitioners may not be necessary so long as they fully co-operate in further investigation, if any. 5. Accordingly, in the event of arrest, the petitioners, namely, 1. JYOTISH BARMAN@FANI BARMAN, 2.
BINA BARMAN shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of Rs.5,000/ (Rupees Five Thousand) 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 Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioners shall appear before the learned Trial Court on each and every date of hearing and the petitioner no.1 shall meet the Officer-in-Charge of Mathabhanga Police Station, Cooch Behar as and when called for and within three days from date the petitioner no.1 shall go and meet the Officer-in-Charge of the said Police Station, until further orders. 6. In case the petitioners fail to adhere to any of the conditions stipulated above, the learned Court below shall be entitled to
3 cancel the anticipatory bail without further reference to this Court. 7. The application for anticipatory bail being CRM(A)/619/2026 is accordingly disposed of. 8. Criminal Section is directed to make available certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.)