Page No.# 1/4 GAHC010206622025 2025:GAU-AS:13407 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2235/2025 SRI MANJU THAKURIA W/O- SRI RATAN THAKURIA, R/O- SANTIPUR HILL SIDE, MATHURANAGAR. P.S.- BHARALUMUKH, DIST- KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND OTHRS REP. BY THE PP,ASSAM 2:SMTI SOROJINI DAS W/O- MOHAN DAS R/O- SANTIPUR MATHURANAGAR. P.S.- BHARALUMUKH DIST- KAMRUP (M) ASSAM. PIN- 781009 Advocate for the Petitioner : MD IMRAN, MD R ISLAM,MS F HUSSAIN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, S SHARMA (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26.09.2025 1. Heard Mr. S.M. Abdullah P, learned counsel for the accused/petitioner. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam and Ms. Page No.# 2/4 S. Sharma, learned counsel for the respondent No.2. 2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioners, namely, Manju Thakuria, apprehending arrest in connection with Bharalumukh P.S. Case No. 128/2025 registered u/s 61(2)/64(2)/89 of BNSS, 2023 read with Section 6/17/21 of the POCSO Act. 3. On 22.08.2025 the informant namely Smti. Sorojini Das has lodged an ejahar before the Officer-In-Charge of Bharalumukh P.S alleging inter alia that on 13.08.2025, at about 9.30 P.M. the informant discovered certain anti- pregnancy medicines in the possession of her aged 16 years. After discovery of the aforesaid medicine’s the informant enquired into the matter and came to know that the daughter has been in a relationship with one Biplab Thakuria from last one year and that she got pregnant as she has multiple sexual incidents with the said person. The informant knowing the aforesaid facts the mother of Biplab Thakuria was confronted and on the next day 14.08.2025, her daughter was taken to Dhirenpara Government Dispensary. The doctors at the said dispensary told them that her daughter being a minor is a victim of sexual offences and as such they were not in a position to proceed any further without informing the police. The aforesaid doctors could not intervene because of the aforesaid reasons, the mother of the aforesaid accused insisted that her daughter needs to be taken to a private hospital and comply with the requisite treatment. Accordingly, her daughter was shifted to Kalicharan Das Nursing Home on 16.08.2025 and her daughter was discharged on 17.08.2025. It is also pertinent to mention here that after her daughter's discharge; the informant came to know that her pregnancy has been terminated. 4. It is submitted that on behalf of the petitioner that the petitioner is the Page No.# 3/4 mother of the main accused but she had no role in the alleged offences and her only role is confined to advising the mother of the victim to take her to the private hospital, which is also apparent from the FIR. 5. A perusal of the case diary also reveals that as far as the offences under the POCSO Act is concerned, the present petitioner did not have any distinct role and it was also appears that the mother of the victim who took her to a private hospital where her pregnancy was allegedly terminated. 6. Considering the above, the prayer for pre-arrest bail in respect of the accused petitioner stands allowed. 7. Accordingly, it is provided that in the event of arrest, the petitioner named above, shall be released on pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:- (i) That the petitioner shall appear before the Investigating Officer within (seven) days from the days the this order and shall cooperate with the Investigation. (ii) That the petitioner shall not temper with the evidence and shall not influence the witnesses connected with the case. (iii) That the petitioner shall not leave jurisdiction of the concerned Police Station without the leave of the Investigation. Page No.# 4/4 8. Return the case diary. 9. This disposes of the anticipatory bail application. JUDGE Comparing Assistant