Debraj Patra v. State Of West Bengal

26.08.2025 Item no.3(DL) Court No.42 AN HIGH COURT AT CALCUTTA (Allowed) CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 1368 of 2025 In re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nandigram Police Station F.I.R. Case No.234 of 2025 dated 17.04.2025 culminating into charge sheet vide no.420 of 2025 dated 14.06.2025 for the offence punishable under Sections 7(2)/140(3)/64(1)/BNS, 2023 read with Section 6(1) POCSO Amendment Act, 2019 and Section 9 of Prohibition of Child Marriage Act, 2025.

-AndIn the matter of : Debraj Patra ... Petitioner Ms. Devi Priya Mitra, Mr. Dhiman Roy, Mr. Pritam Modak, Mr. Dip Chanda ... for the Petitioner Mr. Md. Adil Badr Mr. Soumadip Saha ... for the State Mr. Navanil De Mr. Subhrajit Dey ... for the de facto complainant 1.

Service report filed by the State is taken on record. 2.

Learned Advocate for the petitioner submits that the victim and the petitioner had love affairs and she left the house on her own accord. The petitioner is in custody for three months twenty days. He seeks for enlargement of the petitioner on bail.

3.

Learned counsel for the State, opposing such prayer for bail, submits that the victim was taken away by the petitioner and the petitioner entered into physical

relationship with the victim. He seeks for dismissal of the bail application.

4.

Learned counsel appearing for the de facto complainant also opposes such prayer for bail and submits that at the time of the incident, the victim was minor and the petitioner had physical relationship with her. The victim is yet to be examined. He also seeks for dismissal of the bail application.

5.

Perused the case diary and the materials on record. 6.

The Statement of the victim shows that she left the house out of her own accord with the petitioner and she had love affair with the petitioner. There are no such allegations of forcible sexual intercourse.

On completion of investigation, Charge sheet has been submitted in this case. The petitioner is in custody for three months twenty days. Considering the aforesaid, I am inclined to enlarge the petitioner on bail on the following conditions. 7.

Accordingly, the petitioner, namely, Debraj Patra be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand), with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Judge, Special Court, POCSO, Haldia. The petitioner shall appear before the learned 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 victim, witnesses and/or tamper with evidence in any manner whatsoever. The petitioner

shall meet the Inspector-in-Charge of Nandigram Police Station once in a fortnight, until further orders. The petitioner shall not enter the territorial jurisdiction of Nandigram Police Station except for the purpose of attending court proceedings and for reporting to the Inspector-inCharge of the concerned Police Station, until further orders. The petitioner shall furnish the address where he shall presently reside before the learned trial court, the investigating officer and the Officer-in-Charge of the police station under whose jurisdiction he shall presently reside. 8.

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.

9. It is made clear that the observation made hereinabove is only for the sake of disposal of this application.

10. Accordingly, the application for bail being CRM (M) 1368 of 2025 is disposed of.

(Bivas Pattanayak, J.)