Page No.# 1/3 GAHC010252672024 2025:GAU-AS:1350 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3140/2024 BADHRUDH JAMAN LASKAR AND ANR. S/O AINUL HOQUE LASKAR R/O VILL- HOWAITHANH, P.S. DHOLAI, DIST. CACHAR, ASSAM 2: NURUJJAMAN LASKAR S/O AINUL HOQUE LASKAR R/O VILL HOWAITHANH P.S. DHOLAI DIST. CACHAR ASSA VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:DINESH RAI S/O LATE DHAMBAHADUR RAI VILL- LAILAPUR P.O. LAILAPUR P.S. DHOLAI DIST. CACHAR ASSAM PIN- 78812 Advocate for the Petitioner : MR. A M S MAZUMDER, Advocate for the Respondent : PP, ASSAM, MR. S C BISWAS,LIGAL AID COUNSEL (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-02-2025 Heard Mr. A.M.S. Mazumder, learned counsel for the petitioner Nos. 1 Badhurudh Jaman Laskar and 2. Nurujjaman Laskar, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are apprehending arrest in connection with Dholai Police Station Case No. 147/2024 under Section 127(2)/140(3)/74 of Bharatiya Nyaya Sanhita added Section 8 of Protection of Children from Sexual Harassment Act, 2012. 2. Heard Mr. K.K. Parashar, learned Additional Public Prosecutor, Assam for the respondent State and Mr. S.C. Biswas, learned counsel for the respondent No. 2. 3. The FIR unfolds that two victims were kidnapped by Azad Hussain Barbhuiya with the aid of his two friends in a car of KIA make bearing No. AS112/6366 and the accused No. 1 Azad Hussain Barbhuiya outraged the modesty of one victim in a room at Vairengte. 4. Learned counsel for the respondent No. 2 has raised serious objection stating that the petitioner No. 2 is the driver of the vehicle mentioned above and he orchestrated the entire incident. Learned Additional Public Prosecutor has also raised objection. 5. I have scrutinized the Case Diary and the submissions of the victims. The merits of the case are not brought to the fore as investigation of this case is still under progress. Page No.# 3/3 6. It is submitted on behalf of the petitioners that the petitioners are not named in the FIR nor they have been identified. It appears that anticipatory bail may be granted to the petitioners. 7. In the event of their arrests, the petitioner Nos. 1 Badhurudh Jaman Laskar and 2. Nurujjaman Laskar shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :- (i) the petitioners shall appear before the Investigating Officer within one week and cooperate with the investigation, (ii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation and, (iii) the petitioners shall not leave the jurisdiction of the Court without prior permission. 8. On breach of any of the bail conditions, bail order shall automatically stand cancelled. 9. In terms of the above observation, this Anticipatory Bail application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant