Xxxxx vs Unknown on 11 March, 2025

Calcutta High Court (Appellete Side)

Xxxxx vs Unknown on 11 March, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

11.03.2025
Item No.44
Ct. No. 26
CHC
Allowed
                                        C.R.M.(A) 843 of 2025
                   In Re:- An application for anticipatory bail under Section
             438 of the Code of Criminal Procedure/Section 482 of the
             Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with
             Belur Police Station Case No. 106 of 2023 dated 05.05.2023
             under Sections 376(2)(o)//120B of the Indian Penal Code
             read with Section 4 of the Protection of Children from Sexual
             Offences Act subsequently charge sheeted on charge-sheet
             being no.101 of 2023 under Sections 376(2)(n)//120B/ of
             the Indian Penal Code and read with Section 4 of the Protection
             of Children from Sexual Offences Act pending before the Court
             of Learned Judge, Special Court under Protection of Children
             from Sexual Offences Act, Howrah.
                                              And

                   In the matter of: XXXXX
                                                                  ...... petitioner

                   Mr. Mrityunjoy Chatterjee, Advocate
                   Mr. Debapriya Majumder, Advocate
                                   ....for the petitioner

                   Mr. Saibal Bapuli, Ld. A.P.P.
                   Mr. Debarshi Brahma, Advocate
                                    ....for the State

                   Mr. Manas Das, Advocate
                   Mr. Akash Sarkar, Advocate
                                    ...for the de facto complainant

               1.

Petitioner, State and the de facto complainant are

represented.

2. Petitioner before us is the mother of the principal accused.

Principal accused was enlarged on bail.

3. Principal accused married the victim. There is a baby born

out of the wedlock also.

4. Police filed charge sheet.

2

5. De facto complainant does not oppose the prayer for grant

of anticipatory bail to the petitioner.

6. In such circumstances, we grant anticipatory bail to the

petitioner.

7. Accordingly, we direct that in the event of arrest the

petitioner will be released on bail upon furnishing a bond

of Rs.10,000/-, with two sureties of like amount each, 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, and on further condition that the

petitioner shall appear on every date before the

jurisdictional court on and from the date fixed for

appearance of the accused and in default the jurisdictional

court will pass appropriate order to secure the presence of

the petitioner in court including cancelling the anticipatory

bail granted without further reference to this Court.

8. This application for anticipatory bail is, thus, allowed.

(Debangsu Basak, J.)

(Smita Das De, J.)