Nur Alam Sk. v. State Of West Bengal And ANR

24.01.2024.

32.

Ct.No.28 as (Rejected) C.R.M. (DB) 192 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Domkal P.S. Case No.435 of 2023 dated 02.07.2023 under Section 376(3) of the Indian Penal Code read with Section 4 of the POCSO Act and charge sheet submitted under Section 376(3) of the Indian Penal Code read with Section 4 of the POCSO Act read with Sections 9/10/11 of the Prohibition of Child Marriage Act.

In the matter of : Nur Alam Sk.

... Petitioner.

Mr. Golam Nure Imrohi.

...for the Petitioner.

Mr. Antarikhya Basu.

...for the State.

1.

Petitioner contends there was a romantic relationship between the parties. They have subsequently married. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer.

3.

We have considered the materials on record.

Victim is a 13 year old girl. In her statement before Magistrate, she stated that she was forcibly raped. Victim is yet to be examined.

4.

Hence, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of petitioner is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)