Page No.# 1/4 GAHC010163522025 2025:GAU-AS:12095 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1804/2025 SAHA ALI AND 4 ORS SON OF LATE SADAGAR ALI R/O VILL- NO. 3 GORAIMARI, P.O. MONAKACHA P.S. PANBARI DIST. CHIRANG, ASSAM, PIN-783391. 2: SABAN ALI SON OF LATE AFAJAL SHEIKH R/O VILL- BASHBARI NO. 4 P.O. AOLAGURI P.S. MANIKPUR DIST. BONGAIGAON PIN-783392. 3: AJIRAN BIBI W/O TAIJUDDIN ALI R/O VILL- NO. 3 GORAIMARI P.O. MONAKACHA P.S. PANBARI DIST. CHIRANG ASSAM PIN-783391. 4: SAHJAHAN ALI S/O LT. ABDUL WAHAB ALI R/O VILL- NO. 3 GORAIMARI P.O. MONAKACHA P.S. PANBARI DIST. CHIRANG ASSAM PIN-783391 Page No.# 2/4 5: MANJUWARA KHATUN @ MANJU BEGUM W/O SAHJAHAN ALI R/O VILL- NO. 3 GORAIMARI P.O. MONAKACHA P.S. PANBARI DIST. CHIRANG PIN-783391 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P MAHANTA, V KHAKHALARY,C SARMA,MS. P SAHARIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 05.09.2025 1. Heard Ms. P Saharia, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has sought for pre-arrest bail in connection with Jalukbari P.S Case No. 272/2025 registered under Section 61/140(3)/115(2)/296 of B.N.S, 2023 corresponding to GR Case No. 3277/2025. 3. The F.I.R dated 02.06.2025 reveals that accused No. 1 arrayed in the said FIR had offered lift to the daughter of the informant for taking Page No.# 3/4 her to her home but instead, he took her to his house and that on reaching home, petitioner no. 3 had snatched her mobile phone and that the other petitioners got her daughter married to accused no. 1. It is also alleged that the daughter of the informant stayed with accused No. 1 for many months and that after, accused no. 1 left her and also that the rest of the accused assaulted her. 4. Ms. P Saharia, learned counsel for the petitioner submits that the story projected by the informant is a concocted story and the victim on her own volition went with accused no. 1 to his house. She further stated that the petitioners were enlarged on interim pre-arrest bail and on the compliance of the directions given therein, the petitioners had appeared before the I/O and got their statements recorded. 5. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam, on perusal of the Case Diary as well as the statement of the victim under Section 183 of the BNSS, 2023 wherein the victim had stated that the petitioners had tortured her and that they had forced her to go out of the house but then she stated that being married to the accused no. 1, she had a right to stay in her place. He also submits that the victim was 17 years old and as such, even if it is accepted that she had gone to the house of the petitioner no. 1 on her own volition, the same will not matter. 6. Upon consideration of the submissions made by the parties as well as the contents of the FIR and the statement of the victim, this Court observes that the victim had stayed in the house of the accused no. 1 along with his family members after being married to accused no. 1 and further that the petitioners had complied with the order given in the interim bail order, this Court makes the order dated 01.08.2025, enlarging the petitioners on interim pre-arrest bail, as Page No.# 4/4 absolute with the condition that the petitioners would strictly comply with the conditions mentioned in the said order 7. In view of the same, petition is disposed of. JUDGE Comparing Assistant