Xyz Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Xyz Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, surrender before the learned jurisdictional Court within four weeks, regular attendance, and an undertaking not to threaten or intimidate witnesses.

Issue for consideration

Whether the petitioner, arraigned in Kolaghat Police Station Case No.25 of 2022 under Sections 363/365 of the Indian Penal Code read with Section 6 of the POCSO Act, should be granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Anticipatory bail was granted considering the case-diary material, the claim that the petitioner and the alleged survivor had married and were living together as husband and wife, and the fact that the charge sheet had already been submitted.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on 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, subject to the conditions under Section 438(2) of the CrPC, 1973 corresponding to Section 482(2) of the BNSS, 2023, with further conditions to surrender before the jurisdictional Court within four weeks, attend the Court regularly, and not threaten or intimidate witnesses.

Key takeaways

The application for anticipatory bail was allowed.ratio¶¶12

Detailed headnote1 paragraphs

Anticipatory bail — S. 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — application in connection with Kolaghat Police Station Case No.25 of 2022 dated 18.01.2022 under Sections 363/365 IPC read with Section 6, POCSO Act — petitioner and alleged survivor claimed to have married upon the survivor attaining majority and to be living together as husband and wife; charge sheet already submitted; State relied on victim's earlier 2022 Magistrate-recorded statement of voluntary departure and temple marriage — bail granted: bond of Rs.10,000/- with two sureties of like amount each (one local), conditions of S. 438(2) CrPC, 1973 corresponding to S. 482(2) BNSS, 2023, surrender before jurisdictional Court within four weeks, regular attendance, no intimidation of witnesses. (Jay Sengupta, J.)

04.02.2026 Ct. No. 28 Sl. No.66 SG

C. R. M. (A) 191 of 2026

In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kolaghat Police Station Case No.25 of 2022 dated 18.01.2022 under Sections 363/365 of the Indian Penal Code read with Section 6 of POCSO Act.

And

In Re: XYZ. … … Petitioner Mr. Amit Ranjan Pati, Mr. Sunayan Ghosh, Ms. K. Kubra, Ms. I. Nag. … … for the petitioner Mr. Anupan Das Adhikari, Mr. Parvej Anam. … … for the State Ms. Swastika Chowdhury, Mr. Sourav Gupta. … … for the victim

Learned counsel appearing on behalf of the petitioner submits as follows. The alleged survivor had a love affair with the petitioner and went away together. However, at the relevant time the victim was above 15 years old. When she attained the age of 18, the two got married and they are staying together happily as husband and wife.

Learned counsel on behalf of the alleged survivor supports such contentions of the petitioner and submits that the two are living together as a married couple and both are major at present.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses including that of the victim recorded before the learned Magistrate. Even in the earlier statement of the victim recorded before the learned Magistrate in the year 2022, she had stated that she left with the coaccused voluntarily and got married in a temple.

2

Considering the above, the material available in the case diary, the fact that at present both the petitioner and the alleged survivor claimed that they got married and they are living together as husband and wife and the fact that the charge sheet has already been submitted, 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/- 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 further conditions that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)