Calcutta High Court
CRM(A)/733/2026 of PETITIONER NO 1 AND ANOTHER Vs STATE OF WEST BENGAL AND ANOTHER on 9 October 2026
Item No.9 AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM ( A ) 733 of 2026 In Re: -
09.10.2026
Court No.7
Item No.9
AP
HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
CRM (A) 733 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case No.669 of 2026 dated 29.07.2026 under Sections 126(2)/137(2)/140(3)/351(3)/61(2)
of the Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the POCSO Act, 2012 and under Sections 10/11 of the Prohibition of Child Marriage Act, 2006.
And
In the matter of: Petitioner No.1 and Anr.
…. Petitioners.
Mr. Sayan De
Ms. Esha Acharya
Ms. Ipsita Saha
…for the Petitioners.
Ms. Panchali Deb Sikder (Nag)
Mr. Urgen Lama
Mr. Shyamal Barman
…for the State.
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1. The application for anticipatory bail is canvassed on the ground that the victim being sixteen and half years old has voluntarily cohabited with the petitioner No.1 after an alleged marriage.
2. Learned counsel for the State produces the Case Diary and opposes the prayer for anticipatory bail.
3. It appears from the Case Diary that the victim stayed with the petitioners for almost a year and had physical relations with the petitioner No.1.
4. In the light of the above, this Court is inclined to grant anticipatory bail to the petitioners.
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5. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- each with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under POCSO Act, Jalpaiguri and on further condition that the petitioners shall meet the Investigating Officer as and when summoned until completion of the investigation and on further condition that the petitioners shall not leave the jurisdiction of the Bhaktinagar Police Station without prior permission of the Officer-in-Charge of the Bhaktinagar Police Station and shall furnish their current addresses and contact numbers to him and on further condition that the petitioners shall surrender their passport, if any, before the Investigating Officer and on further condition that the petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
6. In the event the petitioners fail to comply with the aforesaid conditions as enshrined hereinabove, the bail of the petitioners shall automatically stand cancelled without any further reference to this Court.
7. The application for anticipatory bail is, thus, disposed of.
(Rajasekhar Mantha, J.)