KHODABAR RAHAMAN v. THE STATE OF WEST BENGAL AND ANR
CRM(A)/363/2026 · 2026-07-28
Shampa Sarkar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30596 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30596 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
28.07.2026 Item No.41 Court No.11 (GB)
Calcutta High Court
In the Circuit Bench at Jalpaiguri
CRM (A) 363 of 2026
In Re: - An application for anticipatory bail under section 482 of the B.N.S.S. 2023, in connection with Ghoksadanga Police Station Case No.42 of 2024 dated 26.01.2024 under Sections 363/365/109 of the Indian Penal Code read with Section 6 of the POCSO Act. And In the matter of: Khodabar Rahaman @ Khodanur Rahaman ….Petitioner. Mr. Satyajit Paul, Mr. Rounak Ghosh …for the Petitioner. Ms. Panchali Deb Siker (Nag),
Mr. Gobinda Ghosh,
Ms. Rajyashree Ghosh
… for the State. 1. Liberty is granted to correct the cause title. 2. The victim has been served. State has produced the notice. 3. The petitioner prays for pre-arrest bail in connection with Ghoksadanga Police Station Case No.42 of 2024 dated 26.01.2024 under Sections 363/365/109 of the Indian Penal Code read with Section 6 of the POCSO Act. 4. It is stated that the petitioner and the victim were in a love relationship. The petitioner was 22 years old and the victim was of 16, at the time of incident. 5. The learned advocate for the State opposes the prayer for anticipatory bail and submits that the petitioner is the prime accused. 6. Considering the medical report, the age of the parties and the fact that the investigation is over, this Court is of the view that custodial interrogation of the petitioner is not necessary. 2
7. Accordingly, I 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 like amount each, one of whom must be local to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure. The further condition is that the petitioner will appear before the jurisdictional court as and when dates are being fixed. The petitioner shall not leave the jurisdiction of the concerned police station except for the purpose of attending the court. The petitioner shall not contact with the victim either physically or via telephone or via any social media. 8. In case the petitioner fails to adhere to any of the conditions as stated above, anticipatory bail shall stand automatically cancelled without further reference to this Court. 9.
The application for anticipatory bail, being CRM (A) 363 of 2026 is allowed and disposed of. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)