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Calcutta High CourtCRM (A)/4380/2025rejected

Sovanlal Khatua @ Sovan Khatua @ Sobhan Khatua v. State Of West Bengal And ANR

2026-02-06Hon'Ble Justice Jay Sengupta2 pages

06.02.2026 Court No.28 Item No.9 tbsr Reject CRM (A) 4380 of 2025 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chandipur P.S. Case No.87 of 2024 dated 16.03.2024 under Sections 363/365/34 of the IPC charge sheet submitted under Section 363/365/376(2)(n)/34 of the IPC read with Section 6(1) of the Protection of Children from Sexual Offences Act, 2012. And In the matter of: Sovanlal Khatua @ Sovan Khatua @ Sobhan Khatua ....Petitioner.

Mr. Navanil De Ms. Monami Mukherjee ...for the Petitioner.

Ms. Sukanya Bhattacharyya Ms. Suruchi Saha ....for the State Learned counsel appearing on behalf of the petitioner submits that there was a relationship between the petitioner and the alleged victim.

Learned counsel appearing on behalf of the State relies on the report, which is taken on record and the case diary. It appears from the case diary that the minor victim was recovered from the house of the petitioner after eight days of lodging of the FIR. She had made a statement before the learned Magistrate implicating the petitioner that she was kidnapped and kept confined in a room and thereafter subjected to atrocities. Although the minor girl had refused medical examination, it is not clear whether doctor who was supposed examine her medically was female or not.

However, considering the serious allegations of kidnapping of the girl and keeping her confined and the fact that she was recovered from the house of the accused petitioner and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail.

The application for anticipatory bail is, thus, rejected. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)