Sarat Paramanik v. State Of West Bengal And ANR
25.07.2025 SL No.15 Court No.42 S.Gayen
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(M) 960 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jagacha Police Station Case No. 48 of 2025 dated 26.02.2025 under Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006 read with Section 4 of the POCSO Act, 2012 pending before the learned Judge, Special Court (under POCSO Act), Howrah. -AndIn the matter of: Sarat Paramanik
...Petitioner
Mr. Mrityunjay Chatterjee Mr. Manas Das Mr. Arindam Poali Ms. Suchismita Chatterjee ...for the Petitioner Mr. Joydeep Biswas Ms. Nahid Ahmed ...for the State Service report filed by the State is taken on record. Learned Advocate for the petitioner submits that the petitioner was married to the victim. The family members of the petitioner as well as of victim have been made accused. The petitioner is in custody for 150 days. Upon completion of the investigation charge-sheet has been submitted in this case and the other co-accused have been granted bail. He seeks for enlargement of the petitioner on bail.
Learned Advocate for the State, opposing such prayer for bail, submits that the petitioner forcibly married the minor victim. He seeks for dismissal of the bail application. Despite service none appears on behalf of the de facto complainant/victim.
The victim in her statement states that her marriage was solemnized forcibly by her mother. There are no such allegations of any forcible sexual assault. The petitioner is in custody for 150 days and upon completion of the investigation charge-sheet has already been submitted. Considering the above, I am inclined to grant bail to the petitioner.
Therefore, the prayer for bail is considered and allowed. Accordingly, the petitioner namely, Sarat Paramanik shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Judge, Special Court (under POCSO Act), Howrah. The petitioner shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall meet the Inspector-in-Charge of Jagacha Police Station once in a fortnight, until further orders. The petitioner shall not enter the jurisdiction of Liluah Police Station except for the purpose of attending court proceedings and reporting to the Inspector-in-Charge of police station. The petitioner shall furnish
the address where he shall presently reside before the learned trial court, the investigating officer and the Inspector-in-Charge of the police station under whose jurisdiction he shall presently reside. In the event the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
It is made clear that the observation made hereinabove is only for the sake of disposal of this application. Accordingly, C.R.M. (M) 960 of 2025 stands disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Bivas Pattanayak, J.)