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2026 DAILYLAW 34587 (CAL)

RANA BISWAS v. THE STATE OF WEST BENGAL AND ANR

CRM(A)/644/2026 · 2026-08-19

Arijit Banerjee

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.08.2026 Item no. 33. Court No.11. AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 644 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with New Jalpaiguri Police Station Case No.408 of 2026 Dated 09.07.2026 under Section 6 of the POCSO Act And In the matter of : Rana Biswas ……Petitioner. Mr. Bibek Tarafdar, Mr. Ayan Kishore Roybir……for the Petitioner. Ms. Panchali Deb Sikdar (Nag) Mr. Urgen Lama, Ms. Baishali Chakraborty……for the State. Mr. Madhab Kr. Roy, Ms. Rishita Chakraborty……for the Defacto complainant. 1. The criminal case has been initiated under Section 6 of the Protection of Children from Sexual Offences Act on the basis of complaint of a doctor. The petitioner prays for pre arrest bail. He says that he and the victim girl have married each other and are living happily together. 2. The victim girl is represented through learned Counsel and is also personally present in Court. Learned Counsel for the victim confirms that indeed the petitioner has married the victim and they are residing together. 3. Learned State Counsel says that the victim is a minor girl. Her consent is inconsequential. 2 4. I am not stopping the criminal investigation but I am of the view that in the facts and circumstances of the case, immediate custodial interrogation of the petitioner may not be necessary so long as he fully cooperates with the Investigating Officer. 5. Accordingly, in the event of arrest, the petitioner, namely Rana Biswas 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 shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that he shall report to the Investigating Officer within three days from date and as and when called for, until further orders. 6. 6. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 7. CRM (A) 644 of 2026 stands disposed of. 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) 3