Calcutta High Court
CRM(M)/2125/2026 of YYYYY Vs STATE OF WEST BENGAL AND ANR on 17 September 2026
415 Court No.35 Rohan (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(M) 2125 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagardighi Police Station Case No. 32 of 2026
17.09.2026
Sl. No. 415
Court No.35
Rohan
(Allowed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M.(M) 2125 of 2026
In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagardighi Police Station Case No. 32 of 2026 dated 19.01.2026 for the offences punishable under Section 85/80(2)/103(1)/82(2)/3(5) of the Bharatiya Nyaya Sanhita of the Indian Penal Code, 1860, Section 6 of the D.P. Act, Section 6 of the POCSO Act and Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006.
-And-
In the matter of: YYYY
…Petitioner
Mr. Kushal Kumar Mukherjee
Mr. Arijit Bose
…for the Petitioner
Mr. Kallol Mondal, Ld. PP
Mr. Pritam Roy
Ms. Triparna Roy
…for the State
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1. Affidavit of service filed by the petitioner is kept with the record.
2. Learned advocate appearing for the petitioner submits that the petitioner was arrested on 20th January, 2026 and is in custody since then. The petitioner happens to be mother-in-law of the deceased.
3. Learned Public Prosecutor appearing for the State opposes the prayer for bail and submits that there are demand for dowry and in course of investigation, it was revealed that the deceased was a minor. Consequently, the provisions of POCSO Act has been added.
4. I have taken into account the materials in the case diary, particularly the complaint which has been made and treated as First Information Report which reflects that the mother of the complainant’s main grievance was relating to demand of dowry, mental and physical torture and consequently, the daughter of the complainant having terminated her life.
5. I have also taken into account the post-mortem report and I do not find any physical injuries. Additionally, it is reflected that so far as the object of POCSO Act is concerned, primarily, the same is effected on technical ground. The case is basically a case of dowry death.
6. Having regard to the same and the period of detention and the petitioner being a lady, I am inclined to release the petitioner on bail as she is in custody for about 8 months.
7. In view of the aforesaid, the petitioner shall furnish 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 Judge, Special POCSO Court, Jangipur, Murshidabad.
8. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Trial Court. However, the petitioner shall not enter into the jurisdiction of the Sagardighi Police Station and would meet with the Officer-in-Charge of the concerned Police Station where she would reside once in a month till the evidence of the vulnerable witnesses is concluded.
9. Accordingly, CRM (M) 2125 of 2026 is disposed of.
10. Memo of evidence submitted be kept with the record.
11. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court.
12. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)