Kachhimuddin Miya@Kochimuddin Miya And ANR v. The State Of West Bengal And ANR
12.06.2026 Court No.5 SL No.11 g.b.
HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 277 of 2026 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 and corresponding Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pundibari Police Station Case No. 180 of 2026 dated 11.03.2026 under Section 9/10/11 of Prohibition of Child Marriage Act, 2006 and read with Section 6 of Protection of Children from Sexual Offences Act. And In the matter of: Kachhimuddin Miya @ Kochimuddin Miya & Anr.
....Petitioners.
Mr. Anirban Banerjee Mr. Sandip Dutta ...For the Petitioners.
Mr. Avrojyoti Das, Ld. APP Mr. Uday Bhattacharjee ...For the State.
Ms. Rishita Chakraborty .....For the O.P. No.2/victim
1. The petitioners herein pray for anticipatory bail in connection with Pundibari Police Station Case No. 180 of dated 11.03.2026 under Section 9/10/11 of Prohibition of Child Marriage Act, 2006, read with Section 6 of Protection of Children from Sexual Offences Act pending before the Learned Additional Sessions Judge, 2nd Court at Coochbehar Vide POCSO PTN Case No.
WBCB01P000322/2026.
2. On hearing the learned counsel for the parties including the learned counsel for the State, who has placed the case diary along with the statement of the victim, this Court, considering the statement of the victim recorded by the learned Magistrate under Section 164 of the Cr. P. C., grants anticipatory bail of the accused persons.
3. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 5.000/- each with two sureties of Rs.2,500/- each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the I. O. as and when required till submission of report in final form.
4. The prayer for anticipatory bail of the petitioners is allowed.
5. CRM (A) 277 of 2026 is, thus, disposed of.
6. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.
(Shampa Dutt (Paul), J.)