Page No.# 1/3 GAHC010184442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1989/2025 EAKRAMUL ALOM ALIAS EKRAMUL ALOM SON OF HOSEN ALI R/O SUKHATIKHATA PT.I, P.S. GAURIPUR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE LEARNED PP, ASSAM 2:SOKINA BIBI W/O SIDDIK ALI R/O SUKHATIKHATA PT.I P.S. GAURIPUR DIST. DHUBRI ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, A S CHOUDHURY,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, MS. B SARMA (LEGAL AID COUNSEL FOR R-2) Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 11.08.2026 Heard Mr. S. Das, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam/Respondent No.1 as well as Ms. B. Sarma, the learned counsel representing Respondent No.2. 2. This is the second application under Section 482 of the BNSS, 2023 praying for pre- arrest bail in respect of Gauripur P.S. Case No.118/2025 under Sections 64(2)(m)/107 of BNS read with Section 6 of POCSO Act, after the earlier one i.e. A.B. No.1202/2025 was rejected on 26.06.2025. 3. The petitioner was maintaining a relationship with a 17 year old minor girl. He allegedly promised to marry her. On 21.03.2025, the petitioner allegedly had forcible intercourse with the girl. Next day, i.e. on 22.03.2025, the girl disclosed before her mother that she was raped by the petitioner the previous day. This time, the mother of the girl, took her to the house of the petitioner to ask for an explanation from the petitioner. But, his family members rebuked the mother and the girl and chased them away. On 24.03.2025, the girl committed suicide by hanging. 4. On 26.06.2025, the bail application of the present petitioner was rejected by this Court, but some of his family members were bestowed with the privilege of anticipatory bail. 5. Mr. Das has submitted that on 21.03.2025, the family members of the girl scolded her for maintaining relationship with the present petitioner and her father Siddique Ali had slapped her. According to Mr. Das, the girl committed suicide because she could not tolerate the trauma. Mr. Das has claimed that the present petitioner is not responsible for the death of the girl. Page No.# 3/3 6. Mr. Parasar has pointed out that some of the witnesses examined by the Investigating Officer have claimed that the petitioner had committed rape upon the girl on 21.03.2025 when she was alone in the house. Some witnesses have claimed that when the mother of the girl took her to the house of the petitioner, his family members had called the girl to be a prostitute. According to the witnesses, unable to bear all those things, the girl had committed suicide. Mr. Parasar has submitted that there are sufficient materials in this case to suggest that the petitioner had abetted commission of suicide by the girl. 7. I have given my anxious considerations to the submissions made by the learned counsels of both sides. 8. There is no doubt that the victim girl was a minor. The materials available with the record show that the petitioner had forcible sexual intercourse with the girl. There is a prima facie case against the present petitioner that he had abetted commission of suicide by the girl. This petitioner is not entitled to be given the privilege of anticipatory bail. His bail application is dismissed accordingly. The case diary shall be returned. JUDGE Comparing Assistant