Page No.# 1/3 GAHC010251762024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3103/2024 SADDAM HUSSAIN S/O LATE ABDUL RAFIK R/O VILL- TARAKUCHI P.O. TARAKUCHI, P.S. RANGIA, DIST. KAMRUP, ASSAM PIN-781354 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SMTI. MAINA BEGUM W/O MAYEN ALI R/O VILL- HAHKATA P.S. TAMULPUR DIST. BAKSA ASSAM PIN- 78136 Advocate for the Petitioner : MR N KALITA, Advocate for the Respondent : PP, ASSAM, MR. T DEURI, AMICUS CURIAE (R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.01.2025 Heard Mr. N. Kalita, learned counsel for the petitioner. Also heard Mr. K. Page No.# 2/3 Baishya, learned Addl. Public Prosecutor and Mr. T. Deuri, learned Amicus Curiae appearing for the respondent No.2. 2. This application under Section 482 of the BNSS, 2023, is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Saddam Hussain, apprehending his arrest in connection with Tamulpur P.S. Case No. 108/2024 registered u/s 376-D of IPC read with Section 6 of POCSO Act. The background of the case is that an FIR has been lodged by the informant before the Officer-in-charge of Tamulpur PS stating inter alia that her minor daughter is a student of Ashraful Ullum Khadijatun Bannat Madrassa at Tetorkuchi, Rangia. On 14.05.2024, the President of Madrassa informed her that her daughter was vomiting and became unconscious and asked to take her daughter from Madrassa. Thereafter, the informant took her daughter to the house of petitioner No.1 being an Ayurvedic doctor for treatment of her daughter. Subsequently, Nazar Ali ( Petitioner No.1) called two employees of Madrassa over phone namely, Saddam (Petitioner No.2) and Khalek and asked her to sit outside as they would do some Ayurvedic treatment to her daughter. After one hour, when she entered into the room, she found her daughter in an unconscious state. On being asked, Petitioner No.1 asked the informant to take her daughter back home and she would be recovered. After half an hour, when the victim regained her sense, she informed her mother that she was administered medicine and water by the petitioners and thereafter, all the three committed rape on her. After taking the medicine, she was not in a position to protest against such acts. Accordingly, a case was registered vide Tamulpur PS Case No.108/2024. It is submitted by the learned counsel for the petitioner that the allegation made in the FIR is totally false and concocted. The informant lodged the FIR Page No.# 3/3 after eleven days of the incident which creates a doubt regarding the alleged incident. The petitioner is no way connected with the alleged offence. Under such backdrop, benefit of pre-arrest bail may be extended in favour of the petitioner. 4. On the other hand, learned Additional Public Prosecutor has produced the Case Diary and submitted that the victim is a minor girl. The medical report of the victim also suggests that she has been sexually abused by the petitioner and co-accused. As such, the learned Additional Public Prosecutor has opposed the bail prayer of the petitioner. 5. Learned counsel for the respondent No.2 has also raised objection against the bail prayer by stating that the victim has been sexually assaulted by the petitioner. 6. I have considered the submission made by the learned counsel for both the parties and also gone through the case diary including the statement of the victim wherein she has clearly implicated the accused petitioner that she has been sexually abused by him. Medical report of the victim also indicates that she has been sexually harassed. 7. As there is no new ground to consider the second pre-arrest bail, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner. 8. Accordingly, the pre-arrest bail application stands rejected. 9. This disposes of the anticipatory bail application. JUDGE Comparing Assistant