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2026 DAILYLAW 27207 (CAL)

PETITIONER v. STATE OF WEST BENGAL AND ANR

CRM (A)/1630/2026 · 2026-07-09

Jay Sengupta

body2026

Judgment text

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AD 82 July 9, 2026 Ct. 28 SG CRM(A) 1630 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haringhata P.S. Case No.173 of 2026 dated 25.03.2026 under Section 9 of the Prohibition of Child Marriage Act, 2006. And In the matter of: XXX … petitioner Mr. Shibaji Kumar Das Ms. Deblina De … for the petitioner Mr. Sagar Saha … for the State Mr. Samrat Choudhury Mr. Ronit Naskar … for the OP No.2 Memo of evidence filed by the State is taken on record. Learned counsel for the petitioner submits that there was a love affair between the 21 year old petitioner and the 16 year old victim girl. The two got married. The victim girl is now in the family way. An FIR was lodged suo motu. Learned counsel for the State relies on the case diary and opposes the prayer for anticipatory bail. He submits that the girl is under age. However, in a statement recorded before the learned Magistrate, she stated that there was a relationship between the two. Her mother was not allowing her to get married, but they got married and the marriage was accepted by the family members of the petitioner. 2 Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)