Calcutta High CourtCRM(M)/635/2026allowed

Xxxxx v. State Of West Bengal And ANR

2026-03-31Hon'Ble Justice Tirthankar Ghosh2 pages

31.03.2026 Court No.35.

D/L.141.

Rakib (Allowed) CRM (M) 635 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patiram Police Station case no.

of dated 31.08.2025 under Section 115(2)/64(1)/103(1)/85/3(5) of the Bharatiya Nyaya Sanhita, 2023 and 6 of the POCSO Act, 2012.

And In the matter of : XXXXX.

......Petitioner.

Mr. Anjan Bhattacharya Ms. Anita Shaw ......for the Petitioner.

Ms. Subhashree Patel Mr. Sourat Nandy ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is the mother-in-law of the deceased who is in custody for more than four months. Charge-sheet has already been submitted, as such learned advocate for the petitioner prays for bail on any stringent conditions.

Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the statement of the deceased prior to her death.

Records reflect that marriage was solemnized ten years ago, there were domestic issues which are present as materials in the case, allegations of assault and forwarding a bottle of poison is the subject matter which is of concern.

Having considered the totality of the circumstances, particularly the charge-sheet having been filed, petitioner being the

mother-in-law, without entering into the merits of the case, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed.

As such, petitioner shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Special Judge under POCSO Act cum ADJ, 2nd Court, Balurghat, Dakshin Dinajpur. If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial Court and shall not leave the jurisdiction of District of Dakshin Dinajpur without the prior permission of the learned Court.

Accordingly, CRM (M) 635 of 2026 is allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)