Raja Rajak v. The State Of West Bengal And ANR

06.12.2024 Item No.20 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 970 of 2024 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Matelli Police Station Case No.145 of 2024 dated 28.07.2024 under Sections 9/10/11 of Prohibition of Child Marriage Act, read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. And In the matter of: Raja Rajak ....Petitioner.

Mr. Kunaljit Bhattacharjee, Mr. Alok Sah, Mr. Sayan Sinha ...for the Petitioner.

Mr. Ujjwal Luksome, Mr. Dr. Arjun Chowdhury ... for the State.

Mr. Jogesh Ch. Roy ... for the Victim Girl.

1. The petitioner prays for anticipatory bail on the ground that the petitioner and the victim are living as husband and wife since August 2023 when the marriage was solemnized.

2. The victim is present in Court through the learned advocate. The victim conceived and gave birth to a male child. The doctor filed the complaint.

3. Learned advocate for the State opposes the prayer for anticipatory bail and hands over the case diary.

4. Considering the materials available and the submission of the learned advocate of the de facto complainant, who also supports the case of the petitioner, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two

sureties of equal amount each, to the satisfaction of the arresting officer. The petitioner shall meet the investigating officer once a fortnight. The petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever

5. The application for anticipatory bail, is, thus, disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)