Page No.# 1/3 GAHC010168172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1857/2025 ATIKUL ALI S/O ABDUL ROHIM VILL- HABI BHANGA,P.O. BOKO P.S.BOKO DIST. KAMRUP, ASSAM PIN-781123 VERSUS THE STATE OF ASSAM AND ANR REP BY THE ADDL. PP, ASSAM 2:SMTI. PURNIMA RABHA W/O FULKUMAR RABHA VILL- CHAKRA SILA P.S. BOKO DIST. KAMRUP ASSAM PIN-781123 Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, Amicus Curiae,(R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16.09.2025 1. Heard Ms. T Begum, learned counsel for the petitioner. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam and Mr. N Mahajan, learned Amicus Curiae appearing on behalf of respondent No. 2. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the petitioner in connection with Boko P.S. Case No. 212/2025 under Section 87 of the BNS, 2023 R/W Section 6 of POCSO Act, 2012. 3. The brief of the allegations against the accused is that the informant lodged an ejahar at Boko Police Station stating that her daughter Miss XXX, aged 17 years 5 months has been kidnapped on 18.06.2025 from home. On that basis of the ejahar, police recovered the victim. The alleged victim is now with her guardian. Hence, the case. 4. It is submitted on behalf of the petitioner that the victim was in a love relationship with the petitioner since a long time and willfully went with the petitioner. Furthermore, the victim was aged 17 years 5 months on the date of occurrence and on the verge of attaining majority. 5. Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam submits that the consent of the victim is not material as she was below 18 years of age. 6. I have also heard learned counsel appearing for the informant who Page No.# 3/3 has submitted on the same line. 7. Having regard to the age of the girl who was on the verge of attaining majority and in the absence of any allegation of forcible sexual intercourse, the custodial interrogation of the petitioner may not be necessary. 8. In view of the above, the prayer for pre-arrest bail is allowed on furnishing a bail bond of Rs. 20,000/- with 2(two) sureties of the like amount to the satisfaction of the arresting authority under the following conditions : (i) The petitioner shall not approach the victim or her family members at any point of time. (ii) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (iii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iv) The petitioner shall not leave his place of residence without the permission of the arresting authority. 9. In view of the above, the petition stands disposed of. JUDGE Comparing Assistant