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Calcutta High CourtCRM(A)/806/2025allowed

Mr.Subhankar Roy v. The State Of West Bengal And ANR

2025-11-27Hon'Ble Justice Bivas Pattanayak3 pages

27.11.2025 Item no.15 Court No.3 ss (Allowed)

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri CRIMINAL MISCELLANEOUS JURISDICTION , CRM (A) 806 of 2025 In Re:- An application for anticipatory bail under Section 482 of BNSS in connection with Coochbehar Women Police Station Case No.0199 of 2025 dated 13.09.2025 under Sections 115(2)/69 of the Bhartiya Nyaya Sanhita, 2023. In the matter of : Mr. Subhankar Roy ... Petitioner.

Mr. Debangan Bhattacharya, (virtual mode) ... for the petitioner Mr. Saikat Chatterjee Mr. Chattu Roy .....for the State.

1.

Learned Advocate for the petitioner appearing through virtual mode, submits that the victim approached the Bandhan Bank for loan and during such period she got acquainted with the petitioner. The victim out of her own accord accompanied the petitioner to different places. Both the petitioner and the victim are major and physical relationship has taken place with consent of the parties. He seeks for grant of anticipatory bail in favour of the petitioner.

2.

Learned Advocate for the State, opposing such prayer of anticipatory bail, submits that the petitioner on the pretext of marriage had entered into physical relationship

with the victim and subsequently he refused to marry her. He seeks for dismissal of the application for grant of anticipatory bail.

3.

Despite service none appears on behalf of the de facto complainant.

4.

Perused the case diary and the materials on record. 5.

It is found that both the victim and the petitioner are major. The victim got acquainted with this petitioner who is an employee of Bandhan Bank and she accompanied the petitioner to Cooch Behar and physical relationship took place between the parties on the pretext of marriage. Considering the above circumstances, I am inclined to extend the benefit of anticipatory bail in favour of the petitioner.

6.

Accordingly, in the event of arrest the petitioner namely, Mr. Subhankar Roy shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, corresponding to Section 482(2) of BNSS and shall meet the Investigating Officer once in a fortnight, until further order. The petitioner is directed to join investigation and cooperate with the Investigating Officer. The petitioner shall attend the court on the date fixed for appearance and hearing.

7.

In default the jurisdictional Court shall pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

8.

This application for anticipatory bail is allowed. 9.

CRM (A) 806 of 2025 is, thus, disposed of.

(Bivas Pattanayak, J.)