Calcutta High CourtCRM(A)/768/2025allowed

Xxxx v. State Of West Bengal And ANR

2025-10-16Hon'Ble Justice Apurba Sinha Ray2 pages

16.10.2025 Serial no. 1 (Anticipatory bail) (Allowed) ( Dd )

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM(A)/768/2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 408 of 2025 dated 16.07.2025 under Sections 85/80 of Bharatiya Nyaya Sanhita, 2023 read with Section 6 of the POCSO Act and 9/11 of Child Marriage Act pending before Learned Additional District and Sessions Judge, Special Court, (POCSO) Dinhata. -AndIn the matter of : BBB & Anr.

... ... Petitioners Mr. Debabrata Roy, Ms. Karabi Roy, Advocates ... ... For the Petitioner Mr. Aditi Shankar Chakranborty, APP Mr. Kallol Acharjee, Advocate ... ...For the State

1. Having heard the submissions of the learned counsel for the petitioners and also taking into consideration the objection of the learned State counsel, it appears that the petitioners are the parents-in-law and the husband of the victim is already in custody.

2. Considering the materials on record I find that the de facto complainant had given marriage of her minor grand daughter with the son of the present petitioners knowing fully well that such marriage is prohibited under law.

3. However, considering all the aspects, I am inclined to grant anticipatory bail to the petitioners.

4. Accordingly, I direct that in the event of arrest the petitioners, namely BBB shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the

satisfaction of the arresting officer and shall abide by 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.

5. In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

6. The application for anticipatory bail of the petitioners stands allowed.

(Apurba Sinha Ray, J.)