D/L27 07.08.2026 Bpg. C.R.M. (A) 4307 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nandigram Police Station Case No.863 of 2024 dated 21.10.2024 under Sections 137(2)/140(3)/3(5) of the Bharatiyan Nyaya Sanhita, 2023 adding Section 6 of the Protection of Children from Sexual Offences Act; YYY Versus The State of West Bengal & Anr. Ms. Arushi Rathore. …for the petitioner. Mr. Debajyoti Deb Mr. Saswata Chatterjee. …for the State. Mr. Sourav Chatterjee Mr. Soumya Nag. … Amicus Curiae. Learned advocate appearing for the petitioner submits that the petitioner was initially granted bail but subsequently as Section 6 of the POCSO Act was added, warrant of arrest was issued against the present petitioner, as such, the petitioner was compelled to approach this Court. The issue of maintainability arose in the present application. Having considered that the sentence prescribed under Section 6 of the POCSO Act relates to punishment for imprisonment 2 for life or death along with a minimum sentence of 20 years, I am of the opinion that the petitioner’s application for anticipatory bail under the change circumstances is maintainable. Learned advocate for the petitioner submits that the petitioner and the victim had a consensual relationship and they resided as husband and wife after fleeing away from their home and stayed for a substantial period of time at Tripura. Attention of the Court has been drawn to a communication and it has been submitted that the father of the victim do not have any objection if the petitioner is granted the relief as prayed for. Mr. Deb, learned advocate appearing for the State has produced the case diary and drawn the attention of the Court to the statement of the victim under Section 183 of the BNSS. Mr. Chatterjee, learned senior advocate, appears on behalf of the opposite party no.2 as amicus curiae and substantiates the issue relating to law. Having regard to the merits of the case, I am of the opinion that consent of minor is of no relevance in view of the settled position of law, as such, the prayer sought for under Section 482 of the BNSS cannot be acceded to by this Court. As such, the prayer for anticipatory bail of the petitioner is rejected. However, if the petitioner is advised to appear and/or surrender before the learned trial court and changed circumstances are brought to the notice of the learned special court/POCSO Court, learned court in a regular bail application will independently consider the bail without being influenced by any observations made by this Court. 3 With the aforesaid observations, CRM(A)4307 of 2025 is disposed of. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)