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2026 DAILYLAW 15263 (CAL)

PETITIONER v. STATE OF WEST BENGAL AND ANR

CRM (A)/1149/2026 · 2026-05-05

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05/05/2026 D/L – 18 Court No.28 S. Kundu Allowed C.R.M.(A) 1149 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Islampur P.S case no. 451 of 2025 dated 22/07/2025 under Sections 9/10/11 of the Child Marriage Prohibition Act and Section 6 of the POCSO Act. In the matter of: XXX ...Petitioner. Mr. J.I. Hossain …for the petitioner. Mr. Imran Ali Ms. Suparna Chatterjee …for the State. 1. Learned counsel appearing on behalf of the petitioner submits that the petitioner got acquainted with the victim girl and thereafter got married to her. Suspecting that the alleged victim girl was below the marriageable age, an NGO filed the present FIR. As such, the petitioner had to go away from his wife. 2. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the statement of the 16 year old victim recorded before the learned Magistrate and the other materials available in the case diary. She also relies on the medical report, which records that as stated by the victim’s mother, the victim girl had eloped with her boy friend three months ago. 3. Considering the above, the other materials available in the case diary and the fact that charge sheet has been 2 submitted, I am inclined to grant anticipatory bail to the petitioner. 4. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall not threaten or intimidate the witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date and regularly attend the jurisdictional Court. 5. Accordingly, the application for anticipatory bail is allowed. 6. The personal appearance of the Investigating Officer is noted and is dispensed with. 7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities. (Jay Sengupta, J.)