Haripada Mondal And ANR. v. State Of West Bengal And ANR

27.04.2026 Court No.28 Item No.67 tbsr Allowed CRM (A) 1201 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Moyna P.S. Case No.112 of 2026 dated 26.03.2026 under Sections 137(2)/140(3)/351(2)/3(5) of the BNS, 2023 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 and adding Section 9 of the Prohibition of Child Marriage Act, 2006. And In the matter of: Haripada Mondal & Anr.

....Petitioners.

Mr. Navanil De Ms. Monami Mukherjee ...for the petitioners.

Mr. Shaila Afrin Mr. Sarthak Mondal ....for the State.

Affidavit of service filed on behalf of the petitioners is taken on record.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the parents of the principal accused. The principal accused and the 16 year old alleged victim girl fled away and got married. After recovery, the victim girl turned a volte face. However, there is no material to implicate the present petitioners. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statement of the victim recorded before the learned Magistrate and the statements of other witnesses. She also relies on the medical reports. Considering the above, the other materials available in the case diary, the fact that the principal accused is not before this Court and the alleged roles ascribed to the present petitioners, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses and the petitioner no. 1 shall meet the I.O. once a week till submission of report in final form. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)