Kachhimuddin Miya@Kochimuddin Miya and Anr… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Kachhimuddin Miya@Kochimuddin Miya and Anr… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail of the petitioners allowed; in the event of arrest they are to be released on bond of Rs. 5,000/- each with two sureties of Rs. 2,500/- each (one local), subject to conditions of cooperation with investigation and non-intimidation of witnesses; CRM (A) 277 of 2026 disposed of.

Issue for consideration

Whether the petitioners (accused persons) are entitled to anticipatory bail in connection with Pundibari Police Station Case No. 180 of 2026 dated 11.03.2026 under Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006 read with Section 6 of the Protection of Children from Sexual Offences Act.

Court's answer

After hearing learned counsel for the parties, including the State who produced the case diary along with the statement of the victim, and considering the statement of the victim recorded by the learned Magistrate under Section 164 Cr.P.C., the Court grants anticipatory bail to the accused persons.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail upon furnishing a bond of Rs. 5,000/- each with two sureties of Rs. 2,500/- each (one of whom must be local) to the satisfaction of the Arresting Officer, subject to conditions that they cooperate with the investigation, do not threaten or intimidate witnesses, and meet the I.O. as and when required till submission of the final report.

Detailed headnote1 paragraphs

Anticipatory bail (Section 438 Cr.P.C. / Section 482 BNSS, 2023) granted to Kachhimuddin Miya @ Kochimuddin Miya & Anr. in connection with Pundibari Police Station Case No. 180 of 2026 dated 11.03.2026 under Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006 read with Section 6 of the Protection of Children from Sexual Offences Act (POCSO PTN Case No. WBCB01P000322/2026, pending before the Additional Sessions Judge, 2nd Court, Coochbehar). Grant made after perusal of the case diary and on consideration of the victim's Section 164 Cr.P.C. statement; release in the event of arrest on a bond of Rs. 5,000/- each with two sureties of Rs. 2,500/- each (one local), conditioned on cooperation with investigation, abstention from threatening or intimidating witnesses, and meeting the Investigating Officer as required until the final report.

12.06.2026 Court No.5 SL No.11 g.b.

HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

CRM(A) 277 of 2026

In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 and corresponding Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pundibari Police Station Case No. 180 of 2026 dated 11.03.2026 under Section 9/10/11 of Prohibition of Child Marriage Act, 2006 and read with Section 6 of Protection of Children from Sexual Offences Act.

And

In the matter of: Kachhimuddin Miya @ Kochimuddin Miya & Anr. ….Petitioners. Mr. Anirban Banerjee Mr. Sandip Dutta …For the Petitioners. Mr. Avrojyoti Das, Ld. APP Mr. Uday Bhattacharjee …For the State. Ms. Rishita Chakraborty …..For the O.P. No.2/victim 1. The petitioners herein pray for anticipatory bail in connection with Pundibari Police Station Case No. 180 of 2026 dated 11.03.2026 under Section 9/10/11 of Prohibition of Child Marriage Act, 2006, read with Section 6 of Protection of Children from Sexual Offences Act pending before the Learned Additional Sessions Judge, 2^nd Court at Coochbehar Vide POCSO PTN Case No. WBCB01P000322/2026.

2

On hearing the learned counsel for the parties including the learned counsel for the State, who has placed the case diary along with the statement of the victim, this Court, considering the statement of the victim recorded by the learned Magistrate under Section 164 of the Cr. P. C., grants anticipatory bail of the accused persons.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 5.000/each with two sureties of Rs.2,500/- each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall meet the I. O. as and when required till submission of report in final form.

The prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 277 of 2026 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Shampa Dutt (Paul), J.)

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