Julekha Bibi @ Julekha Khatun v. The State Of West Bengal And ANR.
01.08.2024 SL No.13 Court No.29 (gc) CRM (A) 2588 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of BNSS, 2023 filed in connection with Bhagwangola Police Station Case No.619 of 2023 dated 19.12.2023 under Sections 376(A) (B)/109 of the Indian Penal Code, Section 6 of the POCSO Act, 2012 and Sections 9/10/11 of the Prohibition of Child Marriage Act,2006.
And In the matter of : Julekha Bibi @ Julekha Khatun - Petitioner.
Mr. Debapriya Samanta ....For the Petitioner.
Mr. Arnab Chatterjee, Mr. Akash Ganguly ... For the State.
1. The affidavit-of-service filed in Court is taken on record.
2. In view of the fact that a charge-sheet has been filed under the Prohibition of Sections 10 and 11 of the Child Marriage Act, 2006 for which the prescribed period is of two years and it is bailable offence, this application is not maintainable.
3. However, having regard to the fact that the petitioner was unaware of the Sections on which she has been charged, this application for anticipatory bail is disposed of by recording that this application is not maintainable and shall not stand in the way of the petitioner to take steps in accordance with law.
4. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)