BIKASH SARKAR @ BIKASH KUMAR SARKAR AND ANR v. STATE OF WEST BENGAL
CRM (A)/2909/2026 · 2026-09-17
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 40843 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 40843 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
17.09.2026
M/L - 222 Court No.35 Rohan (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE
C.R.M.(A) 2909 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kalyani Police Station Case No. 646 of 2026 dated 14.06.2026 for the offences punishable under Sections 85/80/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023.
-And-
In the matter of: Bikash Sarkar @ Bikash Kumar Sarkar & Anr. …Petitioners
Mr. Shibaji Kr. Das Ms. Deblina De Ms. Maitrayee Das …for the Petitioner
Mr. Amarta Ghose Mr. P. Das …for the State
1. Learned advocate appearing for the petitioners submits that petitioner No. 1 is the uncle-in-law and petitioner No. 2 is mother- in-law of the deceased. But unfortunate incident, according to the petitioners, took place after two and a half years of the marriage having being solemnized. Learned advocate submits that petitioner No. 1 is residing at a separate mess but he has been foisted with the present case. So far as petitioner No. 2 is concerned, the accusation against him are omnibus and general in nature.
2. Mr. Ghose, learned advocate appearing for the State, opposes the prayer for anticipatory bail. From the submissions of the learned
2 advocates of either of the parties, I find that the husband is in custody. The complicity of the present petitioners, according to the case records, cannot be ruled out. However, on the anvil of custodial detention, when it is considered, I am of the view that custodial detention of the petitioners may not be warranted in the
facts of the case.
3. As such, prayer for anticipatory bail of the petitioners, namely, Bikash Sarkar @ Bikash Kumar Sarkar and Gitanjali Sarkar is allowed.
4. In the event of arrest, the petitioners be released on bail by the Investigating Officer/Arresting Officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
5. As investigation is in progress, petitioner No. 1 shall report to the Investigating Officer within a period of 10 days and on all subsequent dates as required by the Investigating Officer till the report in final form is submitted before the Jurisdictional Court.
6. Petitioner No. 2 shall make herself available before the Investigating Agency as and when called for.
7. With the aforesaid observation, C.R.M. (A) 2909 of 2026 is
disposed of.
8. Memo of evidence submitted be kept with the record.
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9. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court.
10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)