Calcutta High Court
CRM (A)/2841/2026 of LAL MOHAMMAD RAHAMAN AND ORS. Vs STATE OF WEST BENGAL on 16 September 2026
IN THE HIGH COURT AT CALCUTTA Item No.11 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. ( A ) 2841 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Baishnabnagar Police Station Case
16.09.2026
IN THE HIGH COURT AT CALCUTTA
Item No.11
CRIMINAL MISCELLANEOUS JURISDICTION
Ct.No.35
dc.
Allowed
C.R.M. (A) 2841 of 2026
In Re : An Application for anticipatory bail under Section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Baishnabnagar Police Station Case No. 784
of 2026 dated 07.08.2026 under Sections 85/115(2)/82(1)/
118(1)/109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023.
And
In Re :
Lal Mohammad Rahaman and others
... Petitioners.
Mr. Suman De
... For the Petitioners.
Mr. Priyankar Ganguly,
Ms. Shalini Bairagi
... For the State.
Supplementary
affidavit
filed
on
behalf
of
the
petitioners be kept with the record.
Learned
advocate
appearing
for
the
petitioners
submits that prior to the present case being registered on 07.08.2026, another case being Baishnabnagar P.S. Case No. 712 of 2026 dated 18.07.2026 was registered for investigation. Learned advocate submits that there was no specific reference relating to change of circumstances in the FIR which has been presently registered and after some of the accused persons obtained bail in FIR No. 712 of 2026
dated 18.07.2026, the present case has been initiated with a separate set of facts.
Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and has produced the case diary of both the cases being Baishnabnagar P.S. Case No. 784 of 2026 dated 07.08.2026
and Baishnabnagar P.S. Case No. 712 of 2026 dated 18.07.2026.
At the time the present FIR was registered, there was no explanation given as to the nature of change of circumstances which could have taken place pursuant to the earlier FIR dated 18.07.2026 having been registered. Both the cases relate to matrimonial disputes
and
the
consequential overt acts of the in-laws of the matrimonial home.
Having regard to the overall circumstances, I am of the opinion that custodial detention of the present petitioners in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioners is allowed.
Accordingly, in the event of arrest, the petitioners viz.,
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1. Lal Mohammad Rahaman, 2. Anarul Islam, 3. Muslemuddin Sekh @ Musleuddin Sk., 4. Mahammad Amin @ Mohammad Amin, 5. Habibur Rahaman, 6. Abishan Bibi, 7. Sabina Khatun @ Sabina Bibi, 8. Taslima Khatun @ Taslima Bibi and 9. Halema Khatun shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
As the investigation of the case is still in progress, the petitioner nos. 1, 2, 3, 4 and 5 shall report to the Investigating Officer of the case within a period of ten days from date and thereafter on all subsequent dates fixed by the
Investigating Officer, if required for the sake of investigation, till the report in final form is submitted before the jurisdictional court and the petitioner nos. 6, 7, 8 and 9 shall make themselves available as and when called for by the Investigating Officer of the case for the sake of investigation. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2841 of 2026, is, thus, disposed of. 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.)