Calcutta High Court
CRM (A)/2789/2026 of AMIT KUMAR BANERJEE AND ORS. Vs STATE OF WEST BENGAL on 15 September 2026
Court No.35. M/L.191. Rakib (Allowed) CRM ( A ) 2789 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kandi Police Station case no. 290 of 2026 dated 23.06.2026 under Sections 3(5)/316(2)/85 of the
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15.09.2026 Court No.35. M/L.191. Rakib (Allowed)
CRM (A) 2789 of 2026
In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kandi Police Station case no. 290 of 2026 dated 23.06.2026 under Sections 3(5)/316(2)/85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act, 1961.
And In the matter of : Amit Kumar Banerjee & Ors.
……Petitioners. Mr. Partha Ghosh Mr. A. Ghosh
......for the Petitioners. Dr. Pradip Banerjee, Ld. APP Ms. Priti Kar Bagchi
……for the State.
Learned advocate appearing for the petitioners submit that petitioners have been implicated in connection with the instant criminal case as they are relations of the husband. There are matrimonial dispute, consequent to which the present case has been initiated. Learned advocate appearing for the State has opposed the prayer for anticipatory bail of the present petitioners. I find from the record that there are seven petitioners in the instant case. Having considered the nature of the accusations and the factual circumstances as there was difference in matrimonial relations which resulted in a dispute and has been escalated, thereby proceeding to registration of criminal case, I am of the view that although case has been made out, but custodial detention of the present petitioners are unwarranted. Accordingly, prayer for anticipatory bail of the petitioners namely, (1) Amit Kumar
Banerjee; (2) Rina Banerjee; (3) Ratan Banerjee; (4) Sati Banerjee;
(5) Banani Mukherjee; (6) Srilekha Mukherjee and (7) Dwipen Kumar Mukhopadhyay is allowed. Accordingly, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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, 3 and 7 shall report to the Investigating Officer of the case within a period of ten days and thereafter, on all subsequent dates fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted before the jurisdictional Court. So far as the other petitioners being petitioner nos. 2, 4, 5 and 6 are concerned, they shall make themselves available as and when required by the investigating officer of the case for the sake of investigation. Accordingly, CRM (A) 2789 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)