Page No.# 1/3 GAHC010206602025 2025:GAU-AS:13450 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2988/2025 RATAN THAKURIA SON OF LATE SADANANDA THAKURIA R/O SANTIPUR HILL SIDE MATHURANAGAR P.S. BHARALUMUKH DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED 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 : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, S SHARMA (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Page No.# 2/3 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. S. Sharma, learned counsel for the respondent No.2. 2. By this petition under Section 483 BNSS, the petitioners, namely, Ratan Thakuria, who was arrested on 24.08.2025 in connection with Bharalumukh P.S. Case No. 128/2025 under Section 61(2)/64(2)/89 of the BNS Act, 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 (Dhanashree Das 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 i.e. 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. Page No.# 3/3 4. A perusal of the FIR does not reflect the name of the petitioner and upon perusal of the case diary also the role of the petitioner as far as the present offences are concerned is not discernable. 5. The learned counsel for the respondent No.2, submits that in view of the gravity of the offences the prayer for bail may not be considered. 6. Having regard to the contents of the FIR as well as the case diary and the absence of sufficient materials against the present petitioner who has been in custody since 34 days, the prayer for bail is allowed. 7. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.20,000/- each (Rupees Twenty Thousand) with two sureties of like amount to the satisfaction of learned Special Judge(POCSO), Kamrup(M) at Guwahati subject to the following condition- i) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. 8. The bail application stands disposed of. JUDGE Comparing Assistant