Calcutta High CourtCRM(A)/390/2025dismissed

Subhajit@Shubhojit Mandal v. The State Of West Bengal

2025-06-18Hon'Ble Justice Tirthankar Ghosh3 pages

18.06.2025 Serial no. 15 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 390 of 2025 In re : An Application under Section 482 of the BNSS, 2023/ 438 of the Cr.P.C. in connection with Bhaktinagar P.S. Case No. 134 of 2025 dated 09.02.2025 under sections 69/351(2)/3(5) of the BNS, 2023 read with Section 06 of POCSO Act, 2012. -AndIn the matter of : Subhajit @ Shubhojit Mandal ... Petitioner(s) Mr. Sandip Guha Roy Mr. Biswajit Das ... for the petitioner(s) Mr. A. S. Chakraborty, ld. APP Mr. Aniruddha Biswas ... for the State Mr. Ananda Paul ... for the defacto-complainant Learned advocate for the petitioner submits that subsequent to the registration of the case being Bhaktinagar P.S. Case No. 134 of 2025, there has been change of circumstances and the petitioner as well as the defactocomplainant married each other. Learned advocate for the State has produced the Case Diary.

I have considered the statement of the victim under Section 164 of the Cr.P.C. as well as the medical report.

Learned advocate for the defacto-complainant submits that the marriage has been solemnized and, presently, the petitioner and the defacto-complainant/victim are leading a conjugal life.

Be that as it may, having considered the statement under Section 164 of the Cr.P.C. of the victim, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner is Rejected.

However, if the defacto-complainant intends to otherwise express her view, she would approach the investigating officer of the case who would advance further prayer for recording the statement of the defactocomplainant under section 164 of the Cr.P.C., thereafter, if the petitioner approaches the regular court for bail, the same may be considered by the regular court while considering the application for bail.

Accordingly, CRM(A) 390 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)