Page No.# 1/4 GAHC010086102024 2025:GAU-AS:2335 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1122/2024 JAHANARA BEGUM W/O AKMAT ALI R/O VILL- MAHABIR PATHAR, P.S. CHHAYGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR. TO BE REP. BY THE PP, ASSAM 2:MOJIRON NESSA W/O LATE NIL CAND ALI R/O VILL- MAHABIR PATHER P.S. CHHAYGAON P.O. KALATOLI DIST. KAMRUP ASSAM PIN-78113 Advocate for the Petitioner : MR. N HAQUE, MR. A K AZAD,MR M HUSSAIN,MR K UDDIN Advocate for the Respondent : PP, ASSAM, MR. RASHIDUL ISLAM (R-2),MS B B AHMED (R- 2),MR Z HUSSAIN (R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 05-03-2025 Heard Mr. N. Hoque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the opposite party No.1. Also heard Mr. Z. Hussain, learned counsel for the informant/opposite party No.2. 2. Apprehending her arrest, the petitioner, namely, Jahanara Begum, wife of Akmat Ali, resident of village-Mahabir Pathar, P.S.-Chhaygaon, District-Kamrup, Assam, has filed this application under Section 438 CrPC on 29.04.2024 seeking pre-arrest bail in Chhaygaon Police Station Case No. 134/2024 registered under Sections 120(B)/342/376(3)/506 IPC, read with Sections 6/17 of the POCSO Act, 2012. 3. As per the FIR dated 17.04.2024 lodged by informant before the Chhaygaon Police Station, the case is that the petitioner induced her minor daughter, whose date of birth is 11.03.2009 and took her to her house where the accused Monimul Hoque committed sexual intercourse with her for which her said minor daughter became pregnant. Though the informant informed the same to the father of the petitioner, but, he did not accept it and retaliated her. Said FIR of the informant was accordingly registered as Chhaygaon P.S. Case No. 134/2024 under Sections 120(B)/342/376(3)/506 IPC, read with Sections 6/17 of the POCSO Act, 2012. 4. The contention of the petitioner is that she is the wife of cousin brother of the co-accused Monimul Hoque and no way connected with the case and only to harass the petitioner and her other family members, the informant lodged the case. 5. It is seen that earlier the Court by order dated 13.08.2024 while called for the case diary, granted interim bail to the petitioner in said Chhaygaon P.S. Case No. 134/2024, pursuant to which, she appeared before the concerned Investigating Officer Page No.# 3/4 of said Chhaygaon P.S. Case and her statement has been recorded. 6. Mr. Sarma, learned Addl. PP from the case diary submitted that submitted that this pre-arrest bail application of the petitioner in said Chhaygaon P.S. Case No. 134/2024 is not maintainable under the provisions of Section 438(4) CrPC as the age of the victim girl involved in the case is less than 16 years and Section 376(3) IPC read with Sections 6/17 of the POCSO Act is involved in the case. 7. Mr. Z. Hussain, learned counsel for informant/opposite party No.2 submitted that the petitioner should not be granted pre-arrest bail as she is involved in the case and that the minor victim girl implicated the petitioner in her statement under Section 164 CrPC recorded by the concerned Magistrate on 19.04.2024 and that at the time of the incident, the victim girl was just 15 years of age considering her date of birth as 11.03.2009. 8. Considering such materials in the case diary and the submissions of the learned counsels for the parties, this Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Chhaygaon P.S. Case No. 134/2024 and as such, this pre-arrest bail application of the petitioner in said Chhaygaon P.S. Case No. 134/2024 is accepted. 9. Accordingly, the interim pre-arrest bail granted to the petitioner namely, Jahanara Begum, wife of Akmat Ali on 13.08.2024 in said Chhaygaon P.S. Case No. 134/2024 registered under Sections 120(B)/342/376(3)/506 IPC, read with Sections 6/17 of the POCSO Act, 2012, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 13.08.2024 and on compliance of the following conditions that the petitioner – (i) shall not leave the territorial jurisdiction of Chhaygaon Police Station without obtaining prior written permission from the concerned Investigating Officer of said Chhaygaon P.S. Case; (ii) shall not hamper or tamper with the evidence of the case; (ii) shall not threat the minor victim girl or anyone in her family by herself or by others or by anyone, acting Page No.# 4/4 on her behalf and (iv) shall not involve herself in any criminal activities in future. 10. Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 13.08.2024, noted above, by the petitioner, named above, the pre-arrest bail granted to her in the aforementioned Chhaygaon P.S. Case No. 134/2024 shall stand automatically vacated. 11. This pre-arrest bail application accordingly stands disposed of to the extent above. 12. Return the case diary. JUDGE Comparing Assistant