Page No.# 1/3 GAHC010091772025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1031/2025 SHRI JWMWISRANG BRAHMA @ JEMSARANG BASUMATARY S/O BHABEN BASUMATARY R/O VILL- PURADIYA , P.S.BIJNI DIST. CHIRANG, BTAD,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T J MAHANTA, MR. A BORUA,MR B C MUCHAHARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 24.06.2025 1. Heard Mr. T. J. Mahanta, learned Senior Counsel for the petitioner Jwmwisrang Brahma @Jemsarang Basumatary who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Bijni Police Page No.# 2/3 Station Case No. 158/2024 under Sections 64(2)(f)(m)/106/238 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the respondent State. 3. It is submitted on behalf of the petitioner that false case has been brought up against the petitioner. 4. The victim used to work in the petitioner’s house but she left her work as a house help in the month of February. The incident occurred in the month of October, whereas, the FIR was lodged in the month of November. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the case diary against the petitioner. Earlier, the petitioner’s prayer for pre-arrest bail was rejected. Initially, when the petitioner was granted interim bail, steps were taken for DNA profiling but the petitioner avoided during his period of interim bail to co-operate with the DNA profiling. Moreover, the petitioner exercised threats to the witnesses and a non FIR case No. 13/2024 was brought up against the petitioner. 6. I have considered the submissions at the Bar with circumspection. 7. The FIR unfolds that the victim ‘X’ was working as house help in the petitioner’s house for one year. During her stay in the petitioner’s house, the victim was sexually assaulted by the petitioner for several months and the petitioner impregnated the victim. In the month of October, the victim was pregnant for 8 months and she went to her mother’s house. The victim was taken to Bongaigaon Swagat Hospital on 29.11.2024 as her health deteriorated. The victim’s unborn child died and finally on 03.12.2024, the victim also died in the hospital. While she was alive, the victim informed her family members that Page No.# 3/3 the petitioner had committed sexual assault on her and impregnated her. The victim’s body was cremated. As the victim and her family members did not lodge the FIR, the President of C.C.D. (AASAA) lodged the FIR. 8. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. The petitioner is booked under a heinous offence. The petitioner has also violated bail conditions as allegedly he has not co-operated with the investigation. 9. Thus, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. 10. Petition stands rejected at this stage. 11. Send back the Case Diary. JUDGE Comparing Assistant