Calcutta High CourtCRM(A)/71/2026allowed

Biswanath Das v. The State Of West Bengal And ANR

2026-03-17Hon'Ble Justice Jay Sengupta2 pages

17/03/2026 D/L - 17 Court No.6 S. Kundu Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 71 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Cooch Behar Sadar Women P.S case no. 237 of 2025 dated 26/10/2025 under sections 64(1)/351(2)/3(5) of the BNS.

In the matter of: Biswanath Das

...Petitioner.

Mr. H.S. Podder ...for the petitioner.

Mr. Aditi Shankar Chakraborty Ms. Sukanya Chakraborty ...for the State.

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Despite service no one appears on behalf of the alleged victim.

3. Learned counsel appearing for the petitioner submits as follows. The petitioner has been falsely implicated in this case. The alleged victim had actually eloped with the petitioner. When they came back, the locals held salishi and pressurized the alleged victim to get married to the petitioner after giving divorce to her husband. In fact, the prime grievance of the alleged victim appears to be that some money taken by the locals.

4. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He refers to the statement of the alleged victim and the medical report and the statements of other witnesses.

5. Considering the above, the other materials available in the case diary and the fact that there was a some kind of relation between the petitioner and the alleged victim for certain length of time, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

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 cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the Investigating Officer once a week till submission of report in final form.

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.)