Laxmibala Sarkar v. State Of West Bengal And ORS.

25.06.2025 W.P.A. 11973 of 2025 Item No.36 Ct. No.35 dc.

Laxmibala Sarkar versus The State of West Bengal & Ors.

Mr. Amitabha Ghosh ... For the Petitioner.

Mr. Swapan Banerjee, AGP, Ms. Sumita Shaw, Mr. Diptendu Narayan Banerjee, Mr. Soumen Chatterjee ... For the State.

Affidavit-of-service filed in Court today be kept with the record.

Report submitted by the learned advocate appearing for the State be also kept with the record. The petitioner intends to take custody of her daughter viz., Srilekha Sarkar Sharma who is presently at a rehabilitation centre viz. Blessings Foundation having its office at Asansol (North), Paschim Bardhaman.

Since the police authorities have gone into detail as is reflected from the report dated 19.06.2025 prepared by Officer-in-Charge, Asansol (North) Police Station and there are treatments which have been referred by the Medical Board which is not available at the said Blessings Foundation and is to be done at Bardhaman Medical College Hospital, Department of Psychiatry, I am of the view that if the mother, in the present circumstances, intends to take custody of the daughter, named above, the learned Chief Judicial Magistrate, Paschim Bardhaman is directed to pass

necessary directions for release of the lady viz. Srilekha Sarkar Sharma upon a bond furnished by the present petitioner viz. Laxmibala Sarkar. Learned Magistrate will satisfy himself regarding the documents placed by the petitioner and thereafter accept the bond furnished, if any, for release of her daughter.

So far as the treatment and other issues are concerned, which have been referred to in the police report, it would be the duty of the mother and the other sister who would pursue the same in future.

With the aforesaid observations, the writ petition being WPA 11973 of 2025 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly 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.)