Vikky Vishwajeet v. State Of West Bengal
17.12.2021 sdas C.R.M. 7774 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Noapara Police Station Case No. 197 of 2021 dated 30.06.2021 under Section 4 of POCSO Act.
And In Re : Vikky Vishwajeet ...... petitioner Mr. Gunjan Kumr Singh .....for the petitioner Mr. Avishek Sinha ....for the State Petitioner is a child in conflict with law.
It is submitted by the learned Counsel appearing for the petitioner that the petitioner had consensual relationship with the minor victim over which first information report has been registered. Petitioner is also a minor.
Learned Counsel appearing for the State submits that case has been transferred to the Juvenile Board. In view of the nature of allegations particularly in the light of the materials on record which show consensual cohabitation between teenaged individuals, we direct the petitioner to appear before the Juvenile Board and upon his appearance, Board shall consider his bail prayer in accordance with law on the self-same day keeping in mind the aforesaid facts relating to consensual relationship between two minors.
With these directions, application for anticipatory bail is disposed of.
(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)