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

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

What the court decided

AI extract

Outcome

Application for anticipatory bail allowed: in the event of arrest, release 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 Section 438(2) CrPC / Section 482(2) BNSS conditions; petitioner to surrender before the learned jurisdictional Court and pray for bail within four weeks, attend the jurisdictional Court regularly, and not threaten or intimidate the witnesses; application disposed of accordingly.

Issue for consideration

Whether the petitioner, the father of the boy who had allegedly eloped with a minor girl and who is arraigned in Jagatballavpur Police Station Case No. 302 of 2025 under Sections 137(2)/140(3) of the BNS 2023 read with Section 6 of the POCSO Act and Sections 9/11 of the Prohibition of Child Marriage Act, is entitled to anticipatory bail under Section 482 of the BNSS.

Court's answer

Considering the other materials available in the case diary, the alleged role ascribed to the petitioner, the fact that the principal accused was arrested and was granted bail, and that the charge sheet has already been submitted, the Court was inclined to grant and did grant anticipatory bail to the petitioner.

Ratio / Principle

In the event of arrest, the petitioner is to 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, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, with further conditions that the petitioner surrender before the learned jurisdictional Court and pray for bail within four weeks, attend the jurisdictional Court regularly, and not threaten or intimidate the witnesses.

Detailed headnote1 paragraphs

Anticipatory bail — Section 482 BNSS — Jagatballavpur Police Station Case No. 302 of 2025 dated 07.09.2025 under Sections 137(2)/140(3) BNS 2023 read with Section 6 POCSO Act and Section 9 Prohibition of Child Marriage Act, charge-sheeted under Section 6 POCSO Act and Sections 9/11 PCMA: petitioner, the father of the boy who had allegedly eloped with a minor girl, granted anticipatory bail. Considering the case diary materials, the alleged role ascribed to the petitioner, the arrest and release on bail of the principal accused, and submission of the charge sheet, the Court allowed the application: release in the event of arrest 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, with further conditions to surrender before the jurisdictional Court within four weeks, attend Court regularly, and not threaten or intimidate witnesses. Application disposed of. (Jay Sengupta, J.; 16.02.2026)

16.02.2026 Court No.28 Item No.33 ssi

CRM (A) 250 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Jagatballavpur Police Station Case No. 302 of 2025 dated 07.09.2025 under Sections 137 (2) / 140 (3) of the BNS 2023 read with Section 6 of the POCSO Act and read with Section 9 of the Prohibition of Child Marriage Act, subsequently charge sheeted under Section 6 of the POCSO Act and Sections 9/11 of prohibition of child marriage act. And

In the matter of: Kunja Bera …. Petitioner. Mr. Mritunjoy Chatterjee Ms. Suchismita Chakraborty Mr. Prem Raj Sharma Mr. Debarnab Adhikary …for the petitioner Mr. Pravas Bhattacharyya Ms. Suchismita Dutta ..for the State

Mr. Pravas Bhattacharyya Ms. Suchismita Dutta

Report filed on behalf of the State is taken on record.

Despite service, no one appears on behalf of the de facto complainant.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the father of the boy who had allegedly eloped with a minor girl. After the two came back, a marriage had to be arranged between them. Now, the petitioner is being hauled up with a charge under the Prohibition of Child Marriage Act. Charge sheet has not been submitted under the POCSO Act.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of the

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witnesses. The victim girl refused medical examination. The principal accused was granted bail in this case.

Considering the above, the other materials available in the case diary, the alleged role ascribed to the present petitioner, the fact that the principal accused was arrested and was granted bail and that the charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The petitioner shall not threaten or intimidate the witnesses.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.)