Page No.# 1/3 GAHC010137802025 2025:GAU-AS:14106 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1550/2025 ATIFUL HOQUE S/O- NAZRUL HOQUE. VILL.- SUPARIKUTI, P.O.- JHAPUSHABARI, P.S.- AGOMONI, DIST.- DHUBRI, ASSAM, PIN-78335. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:JAHIDUR RAHMAN S/O- LATE GOLAP UDDIN SK. VILL.- KHERBARI PART-IV P.S.- AGOMONI DIST.- DHUBRI ASSAM Advocate for the Petitioner : MR A ISLAM, MR A SHARMA,E HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. D GOGOI, Amicus Curiae (R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 23.10.2025 Heard Mr. A. Islam, learned counsel for the petitioner. Also heard Ms. S.H. Page No.# 2/3 Bora, learned Additional Public Prosecutor for the State and Mr. D. Gogoi, learned Amicus Curiae for the respondent No.2/informant. 2. Apprehending his arrest, the petitioner, namely, Atiful Hoque, has filed this application under Section 482 BNSS, seeking pre-arrest bail in Agomoni P.S. Case No. 59/2025, corresponding to G.R. No.583/2025 registered under Sections 49/296/3(5) BNS, 2023, read with Section 4 of the POCSO Act. 3. As per the FIR dated 13.04.2025 the case is that the victim girl after attending her school, went to the house of the accused petitioner, wherein she was behaved roughly and was beaten up. Later, the victim girl was recovered from Agomoni Police Station. The victim girl was lured by the petitioner No.1 and promising her to marry, he had sexual relation with her and later, the accused petitioner No.1. refused to marry her. Said FIR was accordingly registered as Agomoni P.S. Case No. 59/2025, corresponding to G.R. No.583/2025 under Sections 49/296/3(5) BNS, 2023, read with Section 4 of the POCSO Act 4. It appears from the record that earlier the pre-arrest bail application was rejected by this Court on 23.05.2025. 5. The case diary, as called for, has been received. 6. The learned Amicus Curiae for the informant submits that there is no sufficient new grounds in this subsequent petition. 7. The learned counsel for the petitioner submits that the petitioner is suffering from fever and drawing attention to medical document which is annexed in this regard. Page No.# 3/3 8. Perused the statement of the prosecutrix recorded before the learned JMFC during investigation in which she supports the allegation as alleged in the FIR and also stated about the accused continuously harassing her while she was going to her college. She has also stated that the petitioner committed forceful sexual relations without her consent. 9. In the given circumstances, I do not find sufficient new grounds in the subsequent petition which accordingly rejected at this stage and the petition stands disposed of accordingly. 10. Return the case diary. JUDGE Comparing Assistant