Page No.# 1/4 GAHC010218142025 2025:GAU-AS:13294 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2373/2025 BURHAN ALI S/O ABDUL KADER R/O VILL- KALAKATI, P.O. TEWARIPAL, P.S. SOOTEA, DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE PP, ASSAM 2:JIARUL ISLAM S/O ABDUL KADIR R/O VILL- NO. 2 ADAVETI P.S. BISWANATH DIST. BISWANATH ASSAM 3:SRI DIGANTA SAIKIA C/O SONARAM SAIKIA R/O VILL- GHILODHARI MULAH P.S. BISWANATH DIST. BISWANATH ASSA Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.09.2025 1. Heard Md. I. Hussain, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS has been filed by the petitioner, namely, Burhan Ali, who is apprehending his arrest in connection with Sootea PS Case No.94/2025 under Section 336(3) of BNS, 2023, R/W Section 6 of the POCSO Act and Sections 9/11 of the Prohibition of Child Marriage Act. 3. The gist of the accusation in this case is that one Jiaur Islam and one Diganta Saikia have lodged an FIR on 11.09.2025 before the Superintendent of Police, Biswanath district, inter alia, alleging that the petitioner had performed his marriage, when his wife was less than 18 years of age. 4. The learned counsel for the petitioner has submitted that the FIR against him has been lodged only to harass him by his political rivals. He submits that he had married his wife on 28.09.2008 and on the date of marriage, his wife was more than 18 years of age. 5. In support of his submissions, he has furnished a copy of birth certificate as well as marriage registration certificate. He further submits that out of the said wedlock, the petitioner has a daughter, Page No.# 3/4 who is presently 15 years of age. 6. On the other hand, the learned Additional Public Prosecutor for the State also submits that on perusal of the birth certificate, it appears that date of birth of the victim is 02.01.1990. Thus, it appears from the perusal of the date of birth certificate that the wife of the petitioner was of majority age when her marriage was performed with the petitioner. 7. Considering the above fact, anticipatory bail application is disposed of without issuing notice to the respondent no.2 with a direction to the petitioner to appear before the I.O of Sootea PS Case No.94/2025 and co-operate in the investigation within 7(seven) days from the date of this order. If, he does so within stipulated period, in the event of his arrest in connection with the aforesaid case, the above-named petitioner shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the arresting authority with 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; Page No.# 4/4 8. Accordingly, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant