24.08.2026 Item No. 23 Ct. No. 39 C.R.M.(A) 2063 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No. 126 of 2026 dated 24.01.2026 under Sections 115(2) / 137(2) / 140(3) / 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the POCSO Act, 2012 corresponding to PTN Case No. 2335/2026 now pending before the learned Additional District & Sessions Judge, 2nd Court, Special Judge, POCSO Court, Malda. In the matter of : Fulkumari Mandal … Petitioner. Mr. Kalyan Kumar Bhattacharjee Ms. Sahina Khatun …for the Petitioner. Mr. Haripada Nayek …for the State. 1. Learned advocate appearing for the petitioner submits that the petitioner is the mother of the alleged principal accused and she has got no role to play in the alleged offence. Section 4 of the POCSO Act, 2012 is not applicable against the present petitioner. He prays for anticipatory bail for the petitioner on any terms and conditions. 2. On the other hand, learned advocate representing the State produces the case diary, the memo of evidence and relies on the statement recorded under Section 183 of the BNSS, 2023 and opposes the prayer for anticipatory bail of the petitioner. 3. Having heard the learned advocates for the respective parties and upon perusing the materials available on record, the case diary including the statement recorded under Section 183 of the BNSS, 2023, this Court finds that there is no specific allegation against the petitioner and accordingly, this is a fit case to allow the petitioner anticipatory bail. 4. In such view of the matter, this Court does not find any necessity for custodial interrogation/detention of the petitioner and the prayer for anticipatory bail for the petitioner is thus considered and allowed. 5. Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. In the event the petitioner fails to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 7. C.R.M.(A) 2063 of 2026 stands disposed of. 2 8. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.) 3