Page No.# 1/4 GAHC010088132025 2025:GAU-AS:6033 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/955/2025 JOHIRUL ISLAM S/O JOYNAL ABDIN R/O VILLAGE DABANDIA, PO AND PS KALGACHIA, DISTRICT BARPETA,ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K A MAZUMDER, S A ISLAM,MR E AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 14.05.2025 1. Heard Mr. K.A. Mazumder, the learned counsel for the petitioner. Page No.# 2/4 Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Johirul Islam, who is apprehending his arrest in connection with Basistha P.S. Case No. 205/2025, corresponding to GR Case No. 1850/2025 under Section 87 of the BNS, 2023. 3. The gist of accusation in this case is that on 07.04.2025, the father of the victim girl had lodged an FIR against the petitioner that on 06.04.2025 at about 11:00 AM, the petitioner kidnapped his daughter. 4. It is also alleged that on earlier occasion also, the petitioner had kidnapped the daughter of the informant. However, after mutual understanding, she came back. 5. The learned counsel for the petitioner has submitted that the petitioner has a love affair with the victim girl, who is aged about 16 years and the victim herself accompanied him. However, on the same day, she was handed over back by the mother of the present petitioner. 6. The learned counsel for the petitioner has submitted that the petitioner is ready to co-operate in the investigation. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Basistha P.S. Case No. 205/2025 and has submitted that the victim girl is a minor and there are incriminating materials against the petitioner on record. Page No.# 3/4 8. She also submits that the statement of the victim girl has been recorded under Section 183 of the BNSS, 2023 in which she has admitted that she had love affair with the petitioner. 9. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available in the Case Diary. As the victim girl has been recovered and as her statement has also been recorded and from the materials available on record, it appears that there is a love affair between the petitioner and the victim girl. Hence, this Court is of the considered opinion that if the petitioner co- operates in the investigation, his custodial interrogation may not be necessary. 10. In view of the above, the petitioner, namely, Johirul Islam is hereby directed to appear before the Investigating Officer of Basistha P.S. Case No. 205/2025, 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/- with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer or to any Court. 11. This anticipatory bail application is accordingly disposed of. Page No.# 4/4 12. Send back the Case Diary. JUDGE Comparing Assistant