Anticipatory bail should be granted cautiously, especially when a warrant of arrest is issued, and the absence of evidence supporting forcible abduction can justify its approval.

JUDGMENT :

ARINDAM LODH, J.

This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting anticipatory bail to the accused-applicants, namely Smt. Gouri Debnath(Podder) and Smt. Dipu Debnath since they are under serious apprehension that they will be arrested in connection with Ranirbazaar Police Station crime No.2024 RNB 028, registered under Sections 96 and 49 of the Bharatiya Nyaya Sanhita, 2023 and added Section 65(1) of BNS , 2023 and Section 4(1) of the POCSO Act.

2. The prosecution case as emanated from the F.I.R., briefly stated, is that on 10.11.2024 at about 1600 hours the complainant namely Krishna Chakraborty dropped his minor daughter, the victim (name withheld) at Ranirbazar near cattle market in order to go to her private tutor's house. After about 10/15 minutes of his return to his house, the private tutor of the victim had informed the complainant that his daughter (victim) did not come to his house for private tuition. On being so informed, the complainant looked for his daughter (victim) and later on, he came to know that Sri Gopal Debnath had forcefully kidnapped his minor daughter (victim) for illegal purpose and/or committing illicit act and parents of said Sri Gopal Debnath, namely, Sri Goutam Debnath and Smt. Titu Debnath (co-accused persons) had abetted said Sri Gopal Debnath to perpetrate the alleged crime.

On the aforesaid factual background of facts, the complainant, Sri Krishna Chakraborty on 12.11.2024 had lodged an F.I.R. with the O/C, Ranirbazar P.S. which was, accordingly, registered as Ranirbazar P.S. Case No.2024 RNB 028, dated 12.11.2024, under Sections 96/49 of the BNS .

Later on, the victim daughter of the complainant was recovered from the uncle's house of the principal accused, namely, Sri Gopal Debnath. After her recovery, she was produced before the Judicial Magistrate 1^st Class where she made statements under Section 164(5) of Cr.P.C.

3. I have gone through the said confessional statements where she stated that for the last one year there was love affair betweer her and the principal accused person, Sri Gopal Debnath. It is further revealed from her statements that she was taken to various places and various types of transportations were used. However, it is apparent on the face of the record that she never tried to draw the attention of any of the commuters that she was abducted/kidnapped without her consent. She never raised any alarm during her entire journey to various places she mentioned in her 164(5) statements. It is also transpired that the girl was recovered with the active assistance of the father of the principal accused, Sri Gopal Debnath. It is true that she is a minor girl. The Investigating Officer arrested the principal accused, Sri Gopal Debnath, who was in custody for a considerable period of time and later on released on bail by the Court of learned Special Judge (POCSO) vide interim order dated 07.12.2024 which was extended time to time and at present the extension period of the interim bail is going on. In the meantime, the Investigating Officer has also submitted charge-sheet against the principal accused with whom the girl eloped, but no charge-sheet has been filed against the present accused-applicants on the pretext that the applicants were not found available in their respective houses during the raids. As such, a prayer has been made by the Investigating Officer that investigation is going on against Smt. Gouri Debnath (Podder) and Smt. Dipu Debnath, the present accused-applicants and the supplementary charge- sheets will be filed against them after their arrest or following the due procedure of law.

4. In the aforesaid facts and circumstances, I have heard Mr. S. Lodh, learned counsel appearing for the accused-applicants. I have also heard Mr. Rajib Saha, learned Addl. P.P. appearing for the respondent-State.

5. Mr. Saha, learned Addl. P.P. has produced the case diary. A copy of the charge-sheet has also been enclosed with