Calcutta High Court
CRM(A)/689/2026 of RITA RAY @ RITA ROY Vs THE STATE OF WEST BENGAL on 9 October 2026
Item No.8 AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM ( A ) 689 of 2026 In
09.10.2026
Court No.7
Item No.8
AP
HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
CRM (A) 689 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 in connection with Falakata Police Station Case No.34 of 2026
dated 17.01.2026 under Sections 316(2)/318(4)/61(2) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Sections 406/420/120B of the Indian Penal Code.
And
In the matter of: Rita Ray @ Rita Roy
…. Petitioner.
Mr. Arnab Saha
Mr. Md. Shoaib Akhtar
…for the Petitioner.
Mr. Janardan Periwal
Mr. Bapi Sarkar
Mr. Mayank Bhandari
…for the State.
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1. The application for anticipatory bail is canvassed on the ground that the genesis of the complaint is a civil dispute.
2. Learned counsel for the State opposes the prayer for anticipatory bail.
3. FIR has been registered under Sections 406/420 of the Indian Penal Code. It is now well settled that these two sections are mutually exclusive.
4. In the light of the above, this Court is inclined to grant anticipatory bail to the petitioner.
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5. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.50,000/- with two sureties of Rs.25,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipurduar and on further condition that the petitioner shall meet the Investigating Officer as and when summoned until completion of the investigation and on further condition that the petitioner shall not leave the jurisdiction of the Falakata Police Station without prior permission of the Officer-in-Charge of the Falakata Police Station and shall furnish her current address and contact number to him and on further condition that the petitioner shall surrender her passport, if any, before the Investigating Officer and on further condition that the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
6. In the event the petitioner fails to comply with the aforesaid conditions as enshrined hereinabove, the bail of the petitioner shall automatically stand cancelled without any further reference to this Court.
7. The application for anticipatory bail is, thus, disposed of.
(Rajasekhar Mantha, J.)