Rita Devi Prasad v. State Of West Bengal
25.11.2025 Item no. 01 (DL) Court No.3 AN (Allowed)
IN THE HIGH COURT AT CALCUTTA
Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , C.R.M. (A) 758 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 in connection with Kuchlibari P.S. Case No. 68 of 2025 dated 02.05.2025 under Sections 318(4), 316(2), 336(2), 336(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No. 256 of 2025 pending before the learned Additional Chief Judicial Magistrate, Mekhliganj. In the matter of : Rita Devi Prasad ... Petitioner.
Mr. Debasish Mukhopadhyay Ms. Srishti Sarkar ...for the Petitioner.
Mr. Ujjwal Luksom Mr. Tapan Bhattacharjee ...for the State.
1.
This matter is appearing under the heading "FOR ORDERS". 2.
The petitioner renews her prayer for anticipatory bail. The earlier application being CRM(A) 670 of 2025 was dismissed being not pressed on 9th September, 2025.
3.
Learned advocate for the petitioner submits that only allegation against the petitioner is that the deed of gift in question was kept in her custody. There are no such allegations of forgery of documents against the petitioner. She seeks for grant of anticipatory bail in favour of the petitioner.
4.
Opposing such prayer for anticipatory bail, learned advocate for the State submits that the petitioner and others forged the legal heir certificate and got a deed of gift executed in her favour. He seeks for dismissal of the prayer for anticipatory bail application.
5.
Perused the case diary and the materials on record. 6.
The statement of the witnesses shows that the husband of this petitioner namely Nandalal Prasad Sonar allegedly played an active role in obtaining a forged legal heir certificate from the Office of the local Gram Panchayet. Save and except that the deed of gift in question was executed in favour of the petitioner on the basis of such forged legal heir certificate, there are no such specific allegations against this petitioner in obtaining the forged document. Considering the above, I am inclined to extend the benefit of anticipatory bail in favour of the petitioner. 7.
Accordingly, in the event of arrest, the petitioner, namely Rita Devi Prasad shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioner shall appear before the learned Trial Court on each and every date fixed. The petitioner is directed to cooperate with the Investigating Officer.
8.
In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code / Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.
9.
This application for anticipatory bail is, thus, allowed.
10. CRM (A) 758 of 2025 stands disposed of.
11. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.
(Bivas Pattanayak, J.)