Page No.# 1/3 GAHC010147222024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1923/2024 SHAHIDUL KHAN S/O REZAK KHAN R/O VILL- KAWAIMARI 12 NO. BLOCK, P.S. SARTHEBARI MOUZA- PAKA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A SAIKIA, MR. A S ALI,MR. N K DAS Advocate for the Respondent : PP, ASSAM, MR. A RAHMAN BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.02.2025 Heard Mr. A.Saikia, learned counsel for the petitioner and Mr. D.P.Goswami, learned Addl.Public Prosecutor for the State of Assam and Mr. A.Rahman, learned counsel appears for the informant. This is an application under Section 482 of the BNSS 2023, whereby the Page No.# 2/3 petitioner, Shahidul Khan has prayed for pre-arrest bail apprehending arrest in connection with Sarthebari Police Station Case No. 89/2024 under Section 64/351 (2) of the BNS, 2023. The crux of the prosecution story is that the informant is the wife of a truck driver who remains outside his home because of professional requirement. She used to stay in the house with her daughter. She has alleged that the present petitioner was trying to give her obscene proposal. According to the informant, on 09.07.2024, the petitioner had informed her husband that thieves had stolen a cow from her cowshed and that is why, her husband called the informant for inquiring into the matter. Accordingly, the informant came out of her house along with her daughter to check the cowshed. In that way, she reached the road outside her house. At that time, the petitioner was present there. He jumped upon her and committed sexual relation with her on the road itself while her 15 years old daughter was still with her. The learned counsel for the petitioner has submitted that charge sheet being Charge sheet No.7/2025 dated 31.01.2025 has been filed in the case. The learned counsel for the informant objected to bail on the ground that the victim woman is an eye witness to the occurrence. I have heard the learned counsel for the parties. Since, the police has filed charge sheet , it is the duty of the petitioner to face the trial. Therefore, the petitioner is directed to approach the trial court at Barpeta in order to face the trial. On his appearance before the court in connection with Sarthebari Police Station Case No. 89/2024, the petitioner Shahidul Khan shall be released on pre-arrest bail on furnishing bail bond of Rs.25,000/- with a suitable surety of like amount to the satisfaction of the Page No.# 3/3 learned trial court. With the aforesaid direction, the pre-arrest bail application stands disposed of. JUDGE Comparing Assistant