Xxxx v. State Of West Bengal And ANR

18.08.2025 Item No.11 Ct. No. 446 KS C.R.M. (A) 2756 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bishnupur Police Station Case No.442 of 2025 dated 12.05.2025 under Sections 137(2)/ 87/ 64(2)(m)/ 65(1)/ 351(2) of the B.N.S. 2023 read with Section 6 of the Protection of Children from Sexual Offences Act.

And In the matter of: XXXX ...... Petitioner Mr. Debapriya Majumder ....For the Petitioner Ms. Shaila Afreen Mr. Tirupati Mukherjee ....For the State Mr. Pradyut Saha Ms. Susmita Mukherjee Ms. Ankita Das .....For the de facto complainant

1. Heard the submissions of the learned counsel appearing for the parties.

2. Carefully perused the materials on record from the Case Diary and on careful consideration of the entire facts and circumstances of the case as revealed from the content of the First Information Report, which has been lodged by the mother of the victim lady, against her minor daughter aged about 15+ years, about a romantic relationship, exists between the victim and the petitioner, which has culminated into a marriage, is an offence committed in the eye of law. In this case, the Court is to see as to whether it is necessary for custodial interrogation within the parameter of extending the benefit of Section 482 of the B.N.S.S. It further appears that the parties are married and leading a conjugal life and more so, the petitioner is a permanent residence of the locality.

3. On a careful perusal of certain documents as annexed with the petition, this Court finds that it will not be beneficial for the parties to drag the petitioner behind the bar and accordingly, custodial interrogation of the present petitioner may not be necessary at this case.

4. In view of the above and further considering that the petitioner, who is a juvenile, this Court finds no other alternative but to grant the prayer for anticipatory bail stands allowed.

5. Accordingly, this Court is inclined to grant anticipatory bail to the petitioner subject to fulfillment of certain conditions other than compliance of the conditions laid down in Section 482(2) of the B.N.S.S.

6. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), 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 482(2) of the B.N.S.S. and on further condition that the petitioner shall meet with the Investigating Officer once in a week till the conclusion of investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on the dates fixed for appearance and not to leave the jurisdiction with the permission of the learned Court and shall cooperate with the investigating authority as and when required, in default, the jurisdictional Court will pass appropriate order to secure the

presence of the petitioner in Court. In default of any of the conditions, the Prosecution will be at liberty to pray for cancellation of bail.

7. The birth certificate of the victim, as handed over to this Court by the learned Prosecution, be kept with the record.

8. Thus, the application for anticipatory bail is allowed.

9. Accordingly, the application being, C.R.M. (A) 2756 of 2025 stands disposed of.

10. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

11. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(CHAITALI CHATTERJEE (DAS), J.)