Page No.# 1/5 GAHC010193752025 2025:GAU-AS:12916 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2077/2025 MIR RAFIQUL HUSSAIN S/O MIR MUSHARAF HUSSAIN R/O PRANESWAR SARMA ROAD, (BEHIND SBI, RANGIA BRANCH),P.O. AND P.S. RANGIA DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:RAHANA AKHTARA W/O RAJU CHOUDHURY C/O ASHIF IQBAL R/O PRANESWAR SARMA ROAD (BEHIND SBI RANGIA BRANCH) P.O. AND P.S. RANGIA DIST. KAMRUP ASSA Advocate for the Petitioner : MR. A M BORA, MR H A AHMED,MD S HUSSAIN,MR. R ALI Advocate for the Respondent : PP, ASSAM, MR. I CHOUDHURY (R-2),R L CHUTIA(R-2) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 18.09.2025 1. Heard Mr. HRA Choudhury, the learned Senior Counsel, assisted by Mr. R. Ali, the learned counsel for the petitioner. Also heard Ms. N. Das, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. R.L. Chutia, the learned counsel for the respondent No. 2. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Mir Rafiqul Hussain, who is apprehending his arrest in connection with Rangia P.S. Case No. 194/2025, under Section 75 of the BNS, 2023 read with Sections 8/12 of the POCSO Act, 2012. 3. The gist of accusation in this case is that the mother of the victim girl, on 21.08.2025, had lodged an FIR before the Officer-in-Charge of Rangia Police Station, inter alia, alleging that on 5:30 PM on 20.08.2025, when the minor daughter of the informant went to the pharmacy situated in front of the State Bank of India, Rangia, to bring some medicine, she met the petitioner inside the pharmacy and the petitioner called her near him and started touching various parts of her body, including the private parts, as a result of which the daughter of the petitioner, came out from the pharmacy weeping and narrated the incident to the informant. Page No.# 3/5 4. The learned Senior Counsel for the petitioner has submitted that the accusation made against the petitioner in the FIR is not true. He, being the teacher in the school where the victim studies, only blessed her by putting his hand over her head. 5. He further submits that this false case has been lodged against the petitioner mainly to extort money in the form of compensation. 6. He further submits that on the next day before lodging of the FIR, the mother of the victim had also complained to the principal of the school, in which the victim studies and, accordingly, a meeting was held. 7. In that meeting a resolution was adopted that the petitioner shall pay a compensation of minimum Rs. 6,00,000/- (Rupees Six Lakhs only) to the victim girl or else legal recourse would be pursued. 8. The learned Senior Counsel for the petitioner has submitted that the wife of the petitioner also lodged an FIR on 22.08.2021 against the informant and few other accused persons. However, he submits that the said FIR was not registered. 9. On the other hand, the Additional Public Prosecutor has produced the Case Diary of Rangia Police Station Case No. 194/2024 and has vehemently opposed the grant of anticipatory bail to the petitioner. 10. She submits that the victim has in her statement recorded under Section 183 of the BNSS, 2023 implicated the petitioner of having indulged in the offence which is alleged in the FIR. 11. She further submits that apart from the victim girl, one of the Page No.# 4/5 friends of the victim girl, who accompanied her to the pharmacy, was also examined and she also implicated the petitioner. 12. On the other hand, the learned counsel for the respondent No. 2 has also vehemently opposed the grant of bail to the petitioner, considering the implicating materials available against him in the Case Diary. 13. I have considered the submissions made by the learned counsel for both sides. 14. It appears that the resolution adopted in the meeting which was held after the mother of the victim girl had lodged the complaint before the Principal of the school in which the victim studies, was drafted by the Principal of the said school. 15. However, it does not in itself realize the accusation made against the petitioner. As the victim girl in her statement recorded under Section 183 of the BNSS, 2023 as well as, one of her friend whose statement was also recorded under Section 183 of the BNSS, 2023 have categorically implicated the petitioner of having committed the offence alleged in the FIR. 16. This Court is of considered opinion that this is not a fit case, where the benefit of a favourable order under Section 482 of the BNSS, 2023 may be granted to the petitioner. 17. For the aforesaid reasons, the prayer for anticipatory bail to the petitioner is, rejected at this stage. Page No.# 5/5 18. Send back the Case Diary. JUDGE Comparing Assistant