Page No.# 1/3 GAHC010075072025 2025:GAU-AS:7468 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/821/2025 BISHAL BARMAN S/O-SRI SARAT BARMAN, R/O-HOUSE NO.65, RAJNAGAR, P.O-NALBARI, P.S NALBARI, DIST-NALBARI, ASSAM-781335 2: HIRAK JYOTI BARUAH S/O-LATE BIREN BARUAH R/O-PRAGJYOTIKA GREEN BHAGHARBARI P.O-SATGAON P.S-SATGAON DIST- KAMRUP (M) ASSAM-78103 VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. K SINGHA, MR P J PATAR,M DEVI,W AKHTAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.06.2025 1. Heard Mr. K. Singha, the learned counsel for the petitioner. Also Page No.# 2/3 heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. As regards the question of maintainability of this bail application raised by the learned Additional Public Prosecutor on the last occasions, the learned counsel for the petitioner has submitted that the bar provided under Section 482(4) of BNSS, 2023 is applicable to offences only under Section 70(2) of the BNS, 2023, i.e. where the victim is less than 18 years of age. 3. The learned counsel for the petitioner submits that the instant case has been registered under Section 70(1) of the BNS, 2023, which is beyond the purview of the bar provided under Section 482(4) of the BNSS, 2023, as the victim is a major in this case. 4. The learned counsel for the petitioner has further submitted that the petitioner was granted interim bail by this Court on 08.04.2025 and in pursuant to the directions of this Court, the petitioners have appeared before the Investigating Officer and have co-operated in the investigation. 5. On the other hand, the learned Additional Public Prosecutor appearing for the State of Assam has produced the Case Diary of Hatigaon P.S. Case No. 58/2025 and has submitted that both the petitioners have appeared before the Investigating Officer and their statements has been recorded under Section 180 of the BNSS, 2023. As the petitioners have complied with the directions of this Court, and have co-operated in the investigation, the interim bail grated to them, by order dated 08.04.2025 is hereby made absolute. Page No.# 3/3 6. As regards the question of maintainability of this bail application is concerned, the submissions of the learned counsel for the petitioner make it clear that the bar of Section 482(4) of BNSS, 2023 is not operative in this case. 7. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant