Narayan Biswas And ORS v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 19.08.2025.

Appellate Side Sl. 55 AKG Ct. 01 Allowed CRM (A) 599 of 2025 In re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Coochbehar Sadar Kotwali Police Station Case No. 1098 of 2022 dated 07.10.2022, corresponding to Special POCSO Case No. 57 of 2022 under Sections 365/368/34 of the Indian Penal Code read with Section 6 of POCSO Act.

And In the matter of : Sri Narayan Biswas & Ors.

... Petitioner Mr. Sudip Kr. Paul ..for the Petitioner Mr. Nilay Chakraborty, Mr. Sagnik Sankar Sikdar ..for the State Mr. Sourab Kar ...for Victim Girl The learned advocate appearing on behalf of the State opposes the prayer for anticipatory bail.

It appears that the victim and the principal accused were married after the alleged commission of the offence and have been living together as husband and wife for the past one year.

The learned advocate appearing on behalf of the victim also acknowledges this fact.

Petitioner no. 1 is the maternal uncle of the principal accused, petitioner no. 2 is his maternal grandmother, and petitioner no. 3 is his mother.

The charge-sheet has already been filed.

In view of the aforesaid facts and circumstances, I am of the considered opinion that custodial interrogation of the petitioners is not necessary.

Accordingly, it is directed that the petitioners, namely Sri Narayan Biswas, Smt. Bakuli Biswas, and Smt. Anjali Sarkar, in the event of their arrest, shall be released on bail upon furnishing a bond of ₹5,000/- (Rupees Five Thousand only) each, with two sureties of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Cooch Behar. The bail shall be subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Accordingly, CRM (A) 599 of 2025 stands allowed. Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.

(Kausik Chanda, J.)