Xxxx Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2026)

Xxxx Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to the petitioner (XXX) on furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one surety to be local), to the satisfaction of the Learned Judge, Special Court under POCSO Act, Balurghat, Dakshin Dinajpur; petitioner to remain physically available on every date fixed by the learned Special court/trial court and not to leave the district of Dakshin Dinajpur without prior permission.

Issue for consideration

Whether the petitioner, in custody for about 11 months in connection with Patiram PS Case No. 235 of 2025 / Special (POCSO) Case No. 91 of 2025 (BNS ss.115(2)/64(1)/103(1)/85/3(5), s.6 POCSO Act, ss.10/11 Prohibition of Child Marriage Act), should be enlarged on bail under Section 439 CrPC / Section 483 BNSS.

Court's answer

Having considered the overall circumstances including the period of detention, further detention of the present petitioner is unwarranted in the facts and circumstances of the case.

Ratio / Principle

The prayer for bail is allowed; the petitioner is to be released on bail on furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court under POCSO Act, Balurghat, Dakshin Dinajpur.

Key takeaways

Bail is conditioned on the petitioner making himself physically available on each and every date fixed by the learned Special court/trial court and not leaving the district of Dakshin Dinajpur without prior permission of the learned Special court/trial court.ratio¶16

Detailed headnote1 paragraphs

Bail under Section 439 CrPC / Section 483 BNSS granted to the petitioner (recorded as XXX), stated to be the husband of the deceased and in custody for about 11 months, in connection with Patiram PS Case No. 235 of 2025 dated 31.08.2025 under Sections 115(2)/64(1)/103(1)/85/3(5) BNS, Section 6 POCSO Act and Sections 10/11 Prohibition of Child Marriage Act, pending as Special (POCSO) Case No. 91 of 2025. Charge-sheet stood submitted; the Court took into account the post-mortem report and the dying declaration of the deceased, and held that, considering the overall circumstances including the period of detention, further detention was unwarranted. Bail allowed on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), to the satisfaction of the Learned Judge, Special Court under POCSO Act, Balurghat, Dakshin Dinajpur, subject to the petitioner attending every date fixed by the Special court/trial court and not leaving Dakshin Dinajpur district without prior permission. (Tirthankar Ghosh, J.)

30.07.2026

Serial no. 276 [G.S.D]

CRM (M) 1593 of 2026

In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Patiram PS Case No. 235 of 2025 dated 31.08.2025 u/s 115(2)/64(1)/103(1)/85/3(5) of the BNS and Section 6 of the POCSO Act and sections 10/11 of the Prohibition of Child Marriage Act [Special (POCSO) Case No. 91 of 2025].

-And-

In the matter of : XXX

Mr. Anjan Bhattacharya Ms. Anita Shaw Ms. Seems Thakur Mr. Koustav Lal Mukherjee

… Petitioner(s) … for the Petitioner(s) … for the State-respondent(s)

Learned advocate for the petitioner submits that the petitioner is the husband who is in custody for 11 months, charge-sheet has been submitted under various Acts and Clauses amongst which Section 108 of the BNS seems to be an offence for which prescribed punishment is highest. So far as, Section 6 of the POCSO Act is concerned, the same would be considered by the learned trial court in as much as its applicability in the background of the facts of the present case.

Learned advocate for the State opposes the prayer for bail.

I have taken into account the post mortem report as well as the dying declaration of the deceased.

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Having considered the overall circumstances including the period of detention, I am of the opinion that further detention of the present petitioner is unwarranted in the facts and circumstances of the present case.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, XXX shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court under POCSO Act, Balurghat, Dakshin Dinajpur.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court/trial court and shall not leave the district of Dakshin Dinajpur without prior permission of the learned Special court/trial court.

Accordingly, CRM (M) 1593 of 2026 is allowed .

Memo of Evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)

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