Page No.# 1/4 GAHC010196162024 2025:GAU-AS:1719 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2541/2024 SARIFUL ISLAM S/O- AJMAL ALI, R/O- VILL.- PUB CHANDMARI, P.O. CHANDMARI, P.S. KHELMATI, DIST. LAKHIMPUR, ASSAM, PIN- 787031. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:KALPANA BEGUM W/O- MD. AKBAR BEPARI R/O- WARD NO. 3 BIHPURIA TOWN P.O. AND P.S. BIHPURIA DIST. LAKHIMPUR ASSAM PIN- 784161 Advocate for the Petitioner : MR. SK N MOHAMMAD, MR. SK S N MOHAMMAD,MR A IKBAL Advocate for the Respondent : PP, ASSAM, MR. D GOGOI, Amicus Curiae (R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 18-02-2025 Heard Mr. SK S N Mohammad, learned counsel for the petitioner and Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Sariful Islam, son of Ajmal Ali, resident of Village-Pub Chandmari, P.O.- Chandmari, Police Station-Khelmati, District- Lakhimpur, Assam has filed this application under Section 482 BNSS,2023 seeking pre-arrest bail in Bihpuria Police Station Case No. 59/2024registered under Sections 366/376 IPC read with Section 6 of the POCSO Act, 2012. 3. The petitioner stated that the informant even on earlier occasion, i.e., on 07.03.2024 lodged an FIR before the Khelmati Police Outpost under the jurisdiction of Bihpuria Police Station against the petitioner and his other family members alleging that the petitioner had kidnapped her minor daughter, aged about 16 years 8 months, but as the minor victim girl as well as the petitioner were not of marriageable age, their parents had entered into an agreement on 30.01.2023 that on their attaining the age of majority, both of them will be given marriage, however, the accused petitioner, violating the said agreement, married another girl on 03.03.2024. It is to be noted herein that said FIR dated 07.03.2024 of the informant was not registered by Khelmati Police Outpost. Subsequent to that the informant lodged the FIR dated 03.04.2024 before the Bihpuria Police Station which has been registered as Bihpuria Police Station Case No. 59/2024. 4. The petitioner stated that the informant in her first FIR dated 07.03.2024 before Khelmati Police Outpost did not state that the petitioner had any physical relation with the victim girl, whereas in her complaint dated 28.03.2024, subsequently registered on 03.04.2024 as Bihpuria Police Station, the informant stated that the accused petitioner had forceful sexual intercourse with her minor daughter. Petitioner stated that he did not promise to marry the daughter of the complainant and falsely implicated him in the case, so as to Page No.# 3/4 harass him. For such reasons, the petitioner has prayed for his pre-arrest bail in said Bihpuria Police Station Case No. 59/2024. 5. Perused the case diary placed before the Court today by Mr. K. K. Parasar, learned AdditionalPublic Prosecutor. 6. Mr. D. Gogoi, learned Amicus Curiae, appearing for the informant/opposite party No.2 submitted that he will go by the materials available in the case diary. 7. The statements of the independent witnesses, so far recorded by the concerned Investigating Officer of said Bihpuria P.S. Case No. 59/2024 available in the case diary, indicates that the petitioner earlier on two occasions kidnapped the minor victim girl from her house in absence of her parents. In the first case, the petitioner kidnapped the minor victim girl and kept her in confinement for two days, out of which, one day in the house of his brother-in-law and one day in his residence and that the parents of the victim girl with the help of the villagers recovered her from the house of the petitioner. Thereafter, an agreement was executed before the Notary at Lakhimpur Court between the parents of the minor victim girl as well as parents of the petitioner that both the petitioner and the victim girl will be given marriage on their attaining the age of majority. 8. As their marriage was fixed in near future, the case diary reveals that the petitioner once again forcefully kidnapped the victim girl and kept her with him for more than five days and she was recovered by the parents with the help of the villagers from the house of the petitioner. 9. The case diary reveals that the minor victim girl is less than 17 years, whereas, the petitioner is aged about 22/23 years. 10. The victim girl in her statement recorded under Section 164 CrPC by the learned JMFC, North Lakhimpur implicated the petitioner of committing sexual intercourse with her during her stay with him on both the occasions, noted above. 11. Case diary also has the medical report of the victim girl. 12. Considering the materials in the case diary and the involvement of the petitioner in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the Page No.# 4/4 petitioner, named above, in said Bihpuria P.S. Case No. 59/2024. 13. Accordingly, this pre-arrest bail application of the petitioner, namely, Sariful Islam, son of Ajmal Ali, in said Bihpuria Police Station Case No. 59/2024 stands rejected. 14. Return the case diary. 15. The State Legal Services Authority, Assam shall pay the remuneration to Mr. Dikshit Gogoi, learned Amicus curiae, who assisted the Court in adjudicating this matter, on raising a bill by him. JUDGE Comparing Assistant