Calcutta High CourtCRM(A)/340/2026rejected

Dayal Barman @ Nimai Barman And ORS v. The State Of West Bengal And ANR

2026-06-15Hon'Ble Justice Shampa Dutt (Paul)2 pages

15.06.2026 Court No.5 SL No.12 g.b.

HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 340 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 Sahebganj Police Station Case No. 148 of 2026 dated 14.04.2026 under Section 137(2)/140)3)/49 of the BNS, 2023 and adding Section 06 of the Protection of Children from Sexual Offences Act and read with Section 9/10 of the Prohibition of Child Marriage Act and corresponding to POCSO case No.20 of 2026 pending before the learned Special Court (POCSO)- Cum-Additional Sessions Judge, Dinhata. And In the matter of: Dayal Barman @ Nimai Barman & Ors. ....Petitioners.

Mr. Sudip Guha Ms. Sayantani Das Ms. Ankita Nag ...For the Petitioners.

Mr. Avrojyoti Das, Ld. APP Ms. Panchali Deb Sikder ...For the State.

1. The petitioners herein pray for bail apprehending arrest in connection with Sahebganj Police Station Case No. 148 of 2026 dated 14.04.2026 under Section 137(2)/140)3)/49 of the BNS, 2023 and adding Section 06 of the Protection of Children from Sexual Offences Act and read with Section 9/10 of the Prohibition of Child Marriage Act and corresponding to POCSO

case No.20 of 2026 pending before the learned Special Court (POCSO) - Cum-Additional Sessions Judge, Dinhata.

2. On hearing the learned counsels for the parties and on perusal of the materials on record in the case diary, as placed by the learned counsel for the State, it appears that the victim in the present case is aged about 15 years.

3. Considering the statement of the victim, as recorded under Section 164 of the Cr. P. C, this is not a fit case for anticipatory bail.

4. Prayer for anticipatory bail is rejected.

5. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis after completion of all necessary formalities.

(Shampa Dutt (Paul), J.)