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/1311/2024 MONIMUL HOQUE S/O ALOM CHAND R/O VILL- JORSHIMULI 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 CHAND ALI R/O VILL- MAHABIR PATHAR P.S. CHHAYGAON P.O. KALATOLI DIST. KAMRUP ASSAM PIN-781136 ------------ Advocate for : MR. P K ROYCHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 05-03-2025 Heard Mr.P.K. Roychoudhury, 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 his arrest, the petitioner, namely, Monimul Hoque, son of Alom Chand, resident of Village-Jorshimuli, P.S.-Chhaygaon, District-Kamrup, Assam, has filed this application under Section 438 CrPC on 17.05.2024 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 his house and 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 he is no way connected with the case and at the relevant point of time, he was undergoing Hospital and Community Pharmacy Course in the State of Telengana during the year 2023-2024 and has been falsely implicated in 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, he appeared before the concerned Investigating Officer of said Chhaygaon P.S. Case and his statement has been recorded. 6. After filing of the FIR, a baby boy was born to the minor victim girl and at the instance of the informant, the blood samples of the baby boy born to the minor victim as well as blood samples of the petitioner was collected for DNA test. Page No.# 3/4 7. Mr. Sarma, learned Addl. PP from the case diary submitted that the FSL report of the DNA test indicated that the blood samples of the petitioner does not match with the baby boy born to the minor victim girl, whereas, blood samples of the minor victim girl matches with the baby boy born to her. However, Mr. Sarma, learned Addl. PP 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. 8. Mr. Z. Hussain, learned counsel for informant/opposite party No.2 submitted that the petitioner should not be granted pre-arrest bail as he 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. 9. From the case diary placed before the Court by Mr. Sarma, learned Addl. PP, it is seen that the Investigating Officer found that the petitioner was a student of M. Pharmacy of Gate Institute of Pharmaceutical Sciences, Rampuram, Kodad, Chilkur, Suryapet, District-Telengana during the year 2022-2024 and that the petitioner was present in the said Institute during the months of September, October, November and December, 2023 as evident from the Attendance Register of the said Institute. 10. It is also seen from the medical report of the victim girl that on her medical examination conducted on 18.04.2024, she was found to be pregnant of 23 weeks, 3 days as on 18.04.2024. 11. Mr. Roychoudhury, learned counsel for the petitioner submitted that the FIR does not disclose the ingredients of Section 376(3) IPC. Relying on the decision of the Hon’ble Supreme Court in the case of Jayanta Chatterjee Vs. State of West Bengal decided on 24.08.2020 Mr. Roychoudhury submitted that since the DNA result does not show that he is the father of the baby boy born to the minor victim girl, the petitioner should be considered for his bail in said Chhaygaon P.S. Case No. 134/2024. 12. Considering such materials in the case diary and the submissions of the learned Page No.# 4/4 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. 13. Accordingly, the interim pre-arrest bail granted to the petitioner namely, Monimul Hoque, son of Alom Chand 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 himself or by others or by anyone, acting on his behalf and (iv) shall not involve himself in any criminal activities in future. 14. 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 him in the aforementioned Chhaygaon P.S. Case No. 134/2024 shall stand automatically vacated. 15. This pre-arrest bail application accordingly stands disposed of to the extent above. 16. Return the case diary. JUDGE Comparing Assistant