Calcutta High Court
CRM (A)/2121/2026 of LUTFA BIBI @ LUTHAI @ LUTFA BEWA Vs STATE OF WEST BENGAL on 14 August 2026
Ct. No. 446 Sl. No.3 akd [ALLOWED] C. R. M. ( A ) 2121 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 03.07.2026 in connection with Berhampore Police Station Case No.385 of 2026 dated 10.03.2026 under
14.08.2026
Ct. No. 446
Sl. No.3
akd
[ALLOWED]
C. R. M. (A) 2121 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 03.07.2026 in connection with Berhampore Police Station Case No.385 of 2026 dated 10.03.2026 under Sections137(2)/140(3)/142/3(5) of the Bharatiya Nyaya Sanhita, 2023.(G.R. Case No. 1041 of 2026)
And
In Re: Lutfa Bibi @ Luthai @ Lutfa Bewa
… … Petitioner
Mr. Arnab Chatterjee
… … for the petitioner
Dr. Pradip Banerjee .. ld. Addl. Public Prosecutor Dr. Uttam Basak
… … for the State
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1. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Police Station Case No.385 of 2026 dated 10.03.2026 under Sections 137(2)/140(3)/142/3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. Mr. Chatterjee, learned advocate appearing for the petitioner submits that the victim has been recovered and the principal accused has been enlarged on bail. There is no specific allegation against the present petitioner, who happens to be the mother of the principal accused. Accordingly, he submits that custodial interrogation of the present petitioner is not necessary.
3. Mr. Banerjee, learned Additional Public Prosecutor produces the case diary and opposes the prayer for anticipatory bail of the petitioner on the basis of the materials available therein.
4. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record.
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5. Record reveals that the victim has been recovered. The principal accused is presently on bail. Noting these facts, I am of the opinion that custodial interrogation of the petitioner is not necessary and that he may be granted anticipatory bail.
6. Accordingly, I direct that in the event of arrest, the accused/petitioner, namely, Lutfa Bibi @ Luthai @ Lutfa Bewa, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad at Berhampore and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The application for anticipatory bail is, thus, disposed of.
(Partha Sarathi Chatterjee, J.)