Sambhu Barman v. The State Of West Bengal And ANR

27.11.2025 Item no.9 Court No.3 ss (Rejected)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , CRM (A) 780 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS, 2023 in connection with Bagdogra P.S. Case No.463 of 2022 dated 26.09.2022 under Sections 363/365 of the Indian Penal Code, 1860 and added Sections 376/366 of the Indian Penal Code.

In the matter of : Sambhu Barman ... Petitioner.

Mr. Hillol Saha Podder ...for the Petitioner.

Mr. Nilay Chakraborty, Ld. APP Mr. Sagnik Sankar Sikdar Ms. Namrata Das .....for the State.

Mr. Ranajit Dey ... for the de facto complainant 1.

Service report filed by the State is taken on record. 2.

Learned Advocate for the petitioner submits that the victim and the petitioner had previous love affairs and the victim left her house out of her own accord. There are no such allegations of any forcible sexual assault against this petitioner. He seeks for grant of anticipatory bail in favour of the petitioner.

3.

Learned Advocate for the State, opposing such prayer for anticipatory bail, submits that there are specific allegations against this petitioner of his involvement in the alleged offence. He seeks for dismissal of the application for anticipatory bail of the petitioner.

4.

Similar submission is advanced by the learned Advocate for the de facto complainant.

5.

Perused the case diary and the materials on record. 6.

It is found from the statement of the victim that she was taken to Calcutta on a false representation and thereafter she was wrongfully confined and forcefully married against her wish and raped. Considering the materials as above and the nature and gravity of the offence, I am not inclined to grant anticipatory bail in favour of the petitioner.

7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

8.

The application being CRM (A) 780 of 2025 stands dismissed.

(Bivas Pattanayak, J.)