Allowed¶11

Petitioner v. State of West Bengal and Anr.

Calcutta HC16 Apr 2026CRM (A)/648/2026

Case brief

AI extract

What is this about?

CRM(A) 648 of 2026; anticipatory bail; Section 482 BNSS 2023; Section 438(2) CrPC; Dantan P.S. Case No.113 of 2024; Sections 376(2)(n) IPC; marriage between accused and alleged victim; victim a major; charge sheet submitted; bail bond Rs.10,000 with two sureties; surrender within four weeks; Jay Sengupta, J.; application allowed.

What did the court decide?

Anticipatory bail granted: 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, and further conditions that the petitioner surrender before the jurisdictional court within four weeks, attend it regularly, and not threaten or intimidate witnesses. ¶11

Petitioner Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner in connection with Dantan P.S. Case No.113 of 2024 under Sections 376(2)(n) IPC, and if so, on what terms and conditions.

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Court's answer

Considering the submissions, the other materials available in the case diary and the fact that the charge-sheet has been submitted, the Court was inclined to grant anticipatory bail to the petitioner.

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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) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023.

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Key takeaways

Further conditions imposed: the petitioner shall surrender before the jurisdictional court within four weeks from the date of the order and pray for bail, shall attend the jurisdictional court regularly, and shall not threaten or intimidate witnesses.ratio¶10

Detailed headnote1 paragraphs

Anticipatory bail – S. 482 BNSS, 2023 – Application in connection with Dantan P.S. Case No.113 of 2024 dated 06.06.2024 under Sections 376(2)(n) IPC. Counsel for the petitioner and counsel for the alleged victim both informed the Court that the two had married and have a child, and that the alleged victim is now a major; the learned APP, while opposing the prayer relying on witnesses' statements, conceded that the victim's Magistrate-recorded statement reflects a voluntary marriage and that a charge sheet has been submitted. Considering the case-diary materials and submission of the charge sheet, the Court granted anticipatory bail: 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 S. 438(2) CrPC / S. 482(2) BNSS conditions, with further conditions to surrender before the jurisdictional court within four weeks, attend regularly and not threaten or intimidate witnesses.

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AD 62 April 16, 2026 Ct. 28 SG

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CRM(A) 648 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dantan P.S. Case No.113 of 2024 dated 06.06.2024 under Sections 376(2)(n) of the IPC. And In the matter of: XXX … petitioner Mr. Protim Chakraborty Ms. Raima Ganguly … for the petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharya … for the State Ms. Sukla Das Chandra Ms. Mohnya Dutta Biswas … for the victim

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Report filed by the State is taken on record.

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Learned counsel for the petitioner submits that the petitioner and the alleged victim had a romantic relationship. They got married and are having a child. At present, the alleged victim is an adult.

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Learned counsel for the alleged victim submits that she got married to the present petitioner and is having a child. Now, they are living together happily. She is a major at present.

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Learned Additional Public Prosecutor representing the State opposes the prayer for anticipatory bail and relies on the statements of witnesses. However, he submits that

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according to the statement of the victim recorded before the learned Magistrate, she got married with the present petitioner voluntarily and the couple are having a child. Charge sheet has been submitted.

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Considering the above, the other materials available in the case diary and the fact that charge-sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

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In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 petitioner 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.

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The application for anticipatory bail is, thus, allowed.

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

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(Jay Sengupta, J.)

Petitioner v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Petitioner v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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