Page No.# 1/3 GAHC010114982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1202/2025 EAKRAMUL ALOM ALIAS EKRAMUL ALOM AND 2 ORS. S/O HOSEN ALI R/O SUKHATIKHAT PT.I,P.S. GAURIPUR, DIST. DHUBRI, ASSAM 2: HOSEN ALI SHEIKH @ HOSEN ALI S/O LT. ANULLAH SK. R/O SUKHATIKHAT PT.I P.S. GAURIPUR DIST. DHUBRI ASSAM 3: SORIFA KHATUN @SARIFA BIBI W/O HOSEN ALI R/O SUKHATIKHAT PT.I P.S. GAURIPUR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SOKINA BIBI W/O SIDDIK ALI R/O SUKHATIKHATA PT.I P.S. GAURIPUR DIST. DHUBRI ASSAM ASSA Page No.# 2/3 Advocate for the Petitioner : MR SARFRAZ NAWAZ, A S CHOUDHURY,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, MS. L DEVI (LEGAL AID COUNSEL FOR R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 26.06.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor appearing for the State respondent No.1 and Ms. L. Devi, learned counsel appearing for the respondent No.2. This is an application filed under Section 482 BNSS, praying for pre- arrest bail by the petitioners, namely, (1) Eakramul Alom @ Ekramul Alom (2) Hosen Ali Sheikh @ Hosen Ali and (3) Sorifa Khatun @ Sarifa Bibi, in connection with Gauripur PS Case No. 118/2025 registered under Section 64(2)(m)/107 of BNS, R/W Section 6 of POSCO Act. It is submitted by the learned counsel for the petitioner that the petitioner No.1 was maintaining a relationship with a 17 years old girl and they even had physical relationship on promise of marriage. When the parents of the girl came to know about the fact, they confronted the parents of the said boy. The parents of the boy had misbehaved with the girl and unable to bear all these things, the girl committed suicide. Mr. M. P. Goswami, learned Additional Public Prosecutor has made objection on the prayer for bail of the petitioners. Page No.# 3/3 I have considered the submissions made by the learned counsel for both sides. The pre-arrest bail application filed by the petitioner No.1, namely, Eakramul Alom @ Ekramul Alom stands rejected. Considering the facts as well as the materials available thereon, this Court finds that custodial interrogation of the petitioner Nos. 2 and 3 are not required for the purpose of investigation of the case as the provision of POCSO Act is not applicable for them. Therefore, they may be granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest, the petitioner Nos. 2 and 3, namely, (2) Hosen Ali Sheikh @ Hosen Ali and (3) Sorifa Khatun @ Sarifa Bibi shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- with a suitable surety of like amount, to the satisfaction of the arresting authority. With condition that the petitioner Nos. 2 and 3 shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation. The anticipatory bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant