Page No.# 1/3 GAHC010100672025 2025:GAU-AS:8170 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1617/2025 NAJIRA BEGUM W/O- ABIDUR RAHMAN. R/O- VILL.- UDALI BAZAR, P.S.- LANKA, DIST.- HOJAI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM 2:MD. NOOR UDDIN. S/O- LATE IDRIS ALI. R/O- SILDUBI BAZAR. P.S- KHERONI. DIST.- WEST KARBI ANGLONG ASSAM Advocate for the Petitioner : MR. R BORA, S BARBHUYAN Advocate for the Respondent : PP, ASSAM, MR D K BHATTACHARYYA, (AMICUS CURIAE, R- 2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 19.06.2025 1. Heard Mr. R. Bora, the learned counsel for the petitioner. Also Page No.# 2/3 heard Ms. N. Das, the learned Additional Public Prosecutor for the State of Assam. Also heard Mr. D.K. Bhattacharyya, the learned Amicus Curiae for the respondent No. 2. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 in respect of Kheroni P.S. Case No. 17/2025, whereby, the petitioner, Najira Begum has prayed for releasing her on bail. 3. Najira Begum had differended a 17 years old girl. Both of them initially went to Hojai. Thereafter, they went to Bangalore. The said girl met her boyfriend, whose name was Sahil. While staying in Bangalore, one person proposed her to marry. Therefore, she went out of the house with Sahil. They stayed together in another house. Their physical relationship was during that period and after that police recovered the said 17 years old girl. 4. Mr. Bora has submitted that the petitioner Najira Begum has a suckling baby and she has been in judicial custody for the last 46 days. 5. Mr. Bora further submits that the victim girl was a consenting party and she was never forcibly taken to Bangalore or she was ever subjected to forcibly physical relationship. 6. I have considered the submissions made by the learned counsel of both sides. 7. This Court is of the opinion that the submission made by Mr. Bora has force in it. Therefore, the bail application is allowed. 8. The petitioner Najira Begum, who was arrested in connection with Kheroni P.S. Case No. 17/2025, shall be released on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Page No.# 3/3 POCSO, West Karbi Anglong. 9. With the aforesaid direction, the bail application is disposed of. 10. Case Diary shall be returned. JUDGE Comparing Assistant