Page No.# 1/3 GAHC010073212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/825/2025 DIPAK PATIR S/O LATE MUKESH PATIR, R/O VILL- BILMUKH, P.S.- GHILAMARA, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.05.2025 1. Heard Mr. U. K. Barman, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, has been filed by the petitioner namely, Dipak Patir, who is apprehending his arrest in Page No.# 2/3 connection with Ghilamara P.S. Case No.09/2025, under Section 69 of the BNS, 2023. 3. The gist of accusation in this case is that, the victim woman has lodged a FIR before the Officer-In-Charge of Ghilamara Police Station, inter alia, alleging that the petitioner had physical relationship with her on the pretext of marrying her and also made secret video of them. 4. The learned counsel for the petitioner has submitted that the relationship between the petitioner and victim woman was of consensual nature, as both of them are adult and are married persons. He also submits that the accusation of making personal video viral by the petitioner is not true. He further submits that the petitioner is ready to co-operate in the investigation and therefore he may be allowed to go on anticipatory bail. 5. On the other hand, learned Additional Public Prosecutor for the State has produce the Case Diary of Ghilamara P.S. Case No.09/2025, and has submitted that there are materials against the petitioner in the Case Diary regarding the accusation of making photographs of victim woman viral. However, he fairly submits that there has to be some relationship between the victim and the present petitioner. 6. I have gone through the material available in the Case Diary and considered the submissions made by the learned counsel for both the sides. Considering the materials in the Case Diary, this Court is of the considered opinion that, if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Ghilamara P.S. Case No.09/2025. Page No.# 3/3 7. In view of the above, the petitioner namely, Dipak Patir, is directed to appear before the Investigating Officer of Ghilamara P.S. Case No.09/2025 within a period of 7(seven) days from the date of this order and co-operate in the investigation. If he does so, within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on bail of Rs.30,000/-(Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the arresting authority with following conditions: i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; ii) That the petitioner shall co-operate in the investigation; 8. Send back the Case Diary. 9. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant