Page No.# 1/4 GAHC010217692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2357/2025 ATOWAR HUSSAIN S/O KOSMOT ALI VILL- KISHAMAT HASHDAHA P.S. DHUBRI DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE PP, ASSAM 2:JEETRAJ SHYAM SI OF POLICE REP. BY PP ASSAM 3:ARIFA BEGUM W/O ATOWAR HUSSAIN D/O ASA UDDIN VILL- KISHAMAT HASHDAHA PT.-3 P.S. DHUBRI DIST. DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, MR A ALIM SK (R-3) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.09.2025 1. Heard Mr. F. Haque, learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the State as well as Mr. A. Alim Seikh, learned counsel appearing for the respondent no. 3/victim. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner namely Atowar Hussain who is apprehending his arrest in connection with Dhubri PS Case No. 340/2025, under Sections 9/11 of the Child Marriage Prohibition Act, 2006, read with Sections 6/17 of the POCSO Act, 2012, as well as Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. The crux of the accusation in the case is that, on 05.08.2025, one J. Shyam, SI (P) of Dhubri Police Station, lodged an FIR before the Officer-in-Charge of Dhubri P.S. on the basis of a complaint submitted by one Nur Hussain and others to the Senior Superintendent of Police, Dhubri, alleging that a child marriage was secretly solemnized by one Kosmot Ali, the father of the present petitioner. Pursuant to this, a search operation was conducted at the residence of the accused, during which a victim girl, along with her three-year-old child, was found in the said house. 4. The learned counsel for the petitioner has submitted that the FIR in question has been lodged with the sole intention to harass the petitioner and the victim, who is the wife of the present petitioner. It is further submitted that the victim had attained the age of majority at the time of her marriage with the petitioner, and Page No.# 3/4 she is now the mother of a minor girl, aged about three years. The learned counsel also contends that the petitioner is willing to cooperate with the investigation, and since the victim is the legally wedded wife of the petitioner and they have been residing together, there may not be any necessity for custodial interrogation of the petitioner. 5. On the other hand, the learned Additional Public Prosecutor submits that, considering the date of birth of the victim as mentioned in the FIR, it appears that the victim was around 16 years of age at the time of her marriage. He further submits that, based on the date of birth of her child, it also appears that the victim gave birth when she was only 17 years old. 6. The learned counsel for the respondent no. 3 who is the victim in this case has submitted that the petitioner is the husband of the respondent no. 3 and they have a child of aged about 3 years born out of the said marriage. He also submits that the victim does not have any objection if the petitioner is granted anticipatory bail by this Court. 7. I have considered the submissions made by the learned counsel for both sides. It appears from a perusal of the FIR that the marriage between the petitioner and the victim was solemnized in the year 2021, whereas the FIR was filed after a lapse of more than four years, in the year 2025. Further, considering the fact that the victim and the petitioner are living together as husband and wife and have a three year old child from the wedlock, this Court is of the considered opinion that if the petitioner cooperates with the investigation, custodial interrogation may not be necessary for the completion of the investigation. 8. In view of the above, this anticipatory bail application is disposed of with a direction to the petitioner, Atowar Hussain, to appear before the investigating Page No.# 4/4 officer in connection with Dhubri P.S. Case No. 340/2025 within a period of seven days from the date of this order and cooperate with the investigation. If the petitioner complies within the stipulated period, then in the event of his arrest in connection with the aforesaid case, he shall be released on bail upon furnishing a bond of Rs. 30,000/- with one surety of the like amount, subject to the satisfaction of the arresting authority on the following conditions: (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 9. The anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant