CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 07.07.2026 Ct No.5 Item No.8 S.K. CRM (A) 383 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhit(BNSS), 2023. And In Re: Sujay Baniya & Anr. ..… Petitioners Mr. Rajdeep Das Ms. D. Dutta ….For the Petitioner Mr. Avrojyoti Das, ld. APP Mr. Gobinda Ghosh ……For the State 1. S.I. Sanjay Pradhan of Boxirhat PS/CBR has filed a report about the completion of due service upon the victim girl through him. 2. Let the copy of the report be taken on record. 3. None appears on behalf of the victim girl. 4. The petitioners are anticipating arrest in connection with Baxirhat Police Station Case No. 12 of 2026 dated 07.01.2026 under Section 137(2)/140(3), 3(5) of the BNSS Act adding Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. 5. The petitioners’ contention is about the voluntarily love relationship of the victim with the son of petitioner no. 2. 2 6 Learned advocate for the petitioners has further submitted that the victim girl has voluntarily left her paternal house and went to the house of the principal accused. 6. Objection on behalf of the State has been raised principally on the ground of victim being a minor. 7. Having perused the materials on record particularly the statement of the victim recorded under Section 183 of the BNSS, no ingredient of offence against the present petitioners who are the brother and father of the principal accused could be found. 8. Earlier the petitioners’ bail prayer has been found to be infructuous by the Court vide order dated 8.4.2026, for the reason i.e. the name has not come up in the chargesheet. Subsequently, the petitioner has been served with notice under Section 67 of the NDPS Act. The accused persons are now enlarged on bail. Search and seizure has already been done and investigation is completed. 9. The petitioners have prayed for bail on the ground of parity. 10. Considering as above, the bail prayer of the petitioners is allowed. 11. In the event of arrest the petitioners shall be granted bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each , one of whom must be local to the satisfaction of the learned Additional Sessions Judge, Tufanganj, Coochbehar in connection with Baxirhat Police Station Case No. 12 of 2025. The petitioners shall comply with 3 the condition under Section 482(2) of the BNSS, 2023 and shall cooperate with investigation in all possible way. They shall not intimidate witnesses in any manner and shall not tamper with the evidence of the case in any manner whatsoever. 12. C.D be returned. (Rai Chattopadhyay, J.)