Petitioner and Ors. Vs State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

Petitioner and Ors. Vs State of West Bengal… — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners under Section 482 BNSS, 2023: release on arrest upon bond of Rs.10,000/- each with two sureties of like amount (one local), subject to Section 482(2) BNSS conditions, surrender before the jurisdictional court within four weeks, regular attendance, and no threatening or intimidation of witnesses.

Issue for consideration

Whether the petitioners (mother/relatives of the alleged victim) are entitled to anticipatory bail under Section 482 of the BNSS, 2023 in connection with Khanakul P.S. Case No.287 of 2025.

Court's answer

Considering the case-diary materials, the alleged victim's refusal to undergo medical examination and the submission of the charge-sheet, custodial interrogation of the petitioners is not required and they are entitled to anticipatory bail.

Ratio / Principle

Anticipatory bail granted on condition that, in the event of arrest, the petitioners be released on a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to the conditions under Section 482(2) BNSS (corresponding to Section 438(2) CrPC), surrender before the jurisdictional court within four weeks, regular attendance before that court, and abstention from threatening or intimidating witnesses.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the BNSS, 2023 granted to the mother (de facto complainant) and relatives of an alleged 17-year-old victim in Khanakul P.S. Case No.287 of 2025 (Sections 137(2)/140(3)/142/351(3)/64(2)(m)/64(2)(m)(f) BNS, 2023; Section 6(1)/17 POCSO Act, 2012; Sections 9 and 10 Prohibition of Child Marriage Act, 2006). The victim, earlier recovered from Uttar Pradesh from the custody of one Suman Das, had alleged she was sold by the petitioners to one Avijit who married and raped her. Considering the case diary, the victim's refusal to undergo medical examination and the submission of the charge-sheet, the Court held custodial interrogation of the petitioners unnecessary and allowed the application, directing release on a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to Section 482(2) BNSS conditions, surrender before the jurisdictional court within four weeks, regular attendance, and non-intimidation of witnesses. (Jay Sengupta, J.)

AD 12 March 11, 2026 Ct. 28 SG CRM(A) 292 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khanakul P.S. Case No.287 of 2025 dated 23.04.2025 under Sections 137(2)/140(3)/142/351(3)/64(2)(m)/64(2) (m)(f) of the BNS, 2023 adding Section 6(1)/17 of the POCSO Act, 2012 and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006. And In the matter of: YYYY and others … petitioners Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Ms. Labani Sikder Mr. Souvik Dey … for the petitioners Mr. Saibal Bapuli, ld. APP Ms. Snigdha Saha … for the State

Learned counsel for the petitioners submits that the petitioner No.1 is the mother of the alleged victim and the de facto complainant in this case. The other petitioners are relatives of the alleged victim. As the victim had gone missing, the petitioner No.1 lodged the present FIR. Actually, the 17 year old victim had eloped with one Suman Das. She was subsequently recovered from Uttar Pradesh from the custody of the said Suman Das. After coming back, in order to take revenge, the victim alleged that the petitioners had sold her to one Avijit, who got married to her and thereafter raped her.

Learned Additional Public Prosecutor representing the State opposes the prayer for anticipatory bail, relies on the statement of the victim recorded before the learned Magistrate and submits that the alleged victim refused to

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undergo medical examination. He also submits that there is no adverse report as such against the present petitioners as would be evident from the report submitted by the investigating agency.

Considering the above, the other materials available in the case diary and the fact that the alleged victim refused to undergo medical examination and that the charge-sheet has been submitted, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each 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 the further conditions that the petitioners shall surrender before the jurisdictional court within four weeks from this date and pray for bail, 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, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)

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