Xxx v. State Of West Bengal And ANR

28.10.2025 Court No.28 Item No.15 ssi CRM (A) 3065 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Chanchal Police Station Case No. 778 of 2025 dated 17.06.2025 under Section 9 of Prohibition of Child Marriage Act read with Section 6 of POCSO Act.

And In the matter of: XXX ....Applicant/Petitioner Ms. Sujata Das ...for the petitioner Mr. Saryati Datta Mr. Prakash Mishra ..for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the marriage between the petitioner and the alleged victim was settled by their respective parents and in the presence of all villagers. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He submits that at the relevant time, the victim girl was aged about 12 years. As per her statement made before the learned Magistrate, she was severely assaulted by the petitioner. In fact, she was made to conceive at such early age.

Considering the incriminating materials available in the case diary including the statement of the 12 years old minor victim girl, I do not consider this is to be a fit case for granting anticipatory bail. Accordingly, the application for anticipatory bail of the petitioner is rejected.

(Jay Sengupta, J.)