Calcutta High CourtCRM(A)/84/2026allowed

Amina Bewa And ORS v. The State Of West Bengal

2026-02-13Hon'Ble Justice Suvra Ghosh2 pages

13.02.2026 Item No.29 Ct.No.05 b.das Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 84 of 2026 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Cooch Behar Sadar Women Police Station Case No. 277 of 2025 dated 05.12.2025 under Sections 85/123/109 of the BNS.

And In Re :

Amina Bewa & Ors.

... Petitioners Mr.Sandip Guha Roy Mr. Ananda Paul ... for the Petitioners Mr. A.S. Chakraborty Mr. Subhasish Misra ... for the State Heard learned counsels for the parties.

The petitioners are the members of the matrimonial family of the de facto complainant/victim and submit that they have been falsely implicated.

Learned counsel for the State opposes the prayer. I have considered the material on record. Though it is alleged that the petitioners poured poison in the mouth of the victim, the statement of the victim recorded under Section 183(3) of the BNSS is otherwise.

Considering the material on record, particularly, the statement of the victim recorded under Section 183 of the BNSS and her injury report, this Court is inclined to hold

that custodial interrogation of the petitioners is not required and they may be granted anticipatory bail.

Accordingly, in the event of arrest, the petitioners be released on bail on furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

The application being CRM (A) 84 of 2026 is disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)