Calcutta High Court
CRM(A)/536/2026 of SIUTY BANU@SIUTY BIBI AND ANR Vs THE STATE OF WEST BENGAL on 24 July 2026
11 SL No.8 Cp Partly Allowed CALCUTTA HIGH COURT IN THE CIRCUIT BENCH
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24.07.2026 Ct. No. 11 SL No.8 Cp Partly Allowed CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI
CRM (A) No. 536 of 2026
In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Sitalkuchi Police Station Case No. 150 of 2026, dated 02.04.2026, under Sections 126(2)/118(1)/109/3(5) of the BNS, 2023.
And
In the matter of: Siuty Banu @ Siuty Bibi & Anr.
….Petitioners.
Mr. Swarup Das …for the Petitioners.
Ms. Panchali Deb Sikder (Nag) Mr. Gabinda Saha Mr. Nigam Mittal
… for the State.
The petitioners pray for pre-arrest bail. Petitioner no. 1 prays for pre-arrest bail on the ground that she has a suckling baby. On the date of incident the baby was only 20 days old. She could never have been at the place of occurrence. Considering the materials on record, and the age of the baby of the petitioner no. 1 who is only three months old, this Court is inclined to allow the prayer for pre-arrest bail. Accordingly, this court directs that, in the event of arrest, the petitioner no. 1, namely, Siuty Banu @ Siuty Bibi, shall be released on bail upon furnishing a bond of Rs.10, 000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding
2 to Section 482(2) of the B.N.S.S. 2023. The petitioner no. 1 shall cooperate with the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioner no. 1 shall also not leave the jurisdiction of the Sitalkuchi police station. In case the petitioner fails to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court. In case of the petitioner no. 2, namely, Beauty Khatun @ Beauty Bibi, the prayer for pre-arrest bail is rejected considering the nature of the injury of the victim, and the allegations in the complaint. Accordingly, the application for anticipatory bail is, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Shampa Sarkar, J.)