Bibhas Majhi v. State Of West Bengal And ANR

20/02/2026 D/L - 36 Court No.28 S. Kundu Allowed C.R.M.(A) 261 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Krishnaganj P.S case no. 503 of 2025 dated 25/11/2025 under sections 115(2)/62/64/75/3(5) of the BNS.

In the matter of: Bibhas Majhi

...Petitioner.

Mr. Kallol Mondal Mr. Krishan Roy Mr. Anindya Ghosh Mr. Souvik Das Mr. Anamitra Banerjee ...for the petitioner.

Mr. S. Bandyopadhyay Mr. Sekhar Mukherjee Ms. Ishita Kundu ...for the de-facto complainant.

Mr. Md. Anwar Hossain Mr. Samarjit Balial ...for the State.

1. Learned senior counsel appearing for the petitioner submits as follows. The alleged survivor was a teacher in the same school where the petitioner was teaching. She used to come late every day. On 22.8.2025, she again came late. The locals including the guardians of students protested against and gheraoed her. The petitioner and the other teachers came and rescued her from the mob. After three months from this incident, the victim lodged an FIR giving a different version about the said incident. The petitioner has been falsely implicated in this case.

2. Learned counsel appearing for the de-facto complainant strongly opposes the prayer for anticipatory bail.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He submits that the petitioner had been disturbing the victim for a long time. There is an allegation of attempt to rape in the FIR. However, the same has been mentioned in greater details in the statement before the learned Magistrate.

4. It appears that although the FIR appears to be quite lengthy and allegations were given in details, there is only one line where the victim mentioned that there was also an attempt to rape made by the petitioner. The statement before the learned Magistrate is more elaborate. There is also a delay of about three months in lodging the FIR.

5. Considering the above, the other materials available in the case diary and the fact that charge-sheet has been submitted, although I am inclined to grant anticipatory bail to the petitioner, his movement needs to remain restricted for a limited period.

6. In the event of arrest, the petitioner 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 also be subject to further conditions that the petitioner shall not threaten or intimidate the witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date and regularly attend the jurisdictional Court. The petitioner shall not enter into the jurisdiction of Kalyani Police Station for a

period of six months except for meeting the Investigating Officer or attending the jurisdictional Court.

7. Accordingly, the application for anticipatory bail is allowed.

8. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)