Page No.# 1/3 GAHC010256602024 2025:GAU-AS:4859 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3176/2024 NITAI MANDAL @ NITAY MANDAL S/O NOREN MANDAL, R/O VILL- BATGAON P.S. SARTHEBARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SIB MANDAL W/O RAJU MANDAL R/O VILL- JASHADAR PAM P.S. SARTHEBARI DIST. BARPETA ASSA Advocate for the Petitioner : MR A W AMAN, MS SURAYA RAHMAN,SAMIM RAHMAN,A S CHOUDHURY,MR SARFRAZ NAWAZ,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, Amicus Curiae, (R-2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 23-04-2025 Heard Mr. S. Das, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Ms. M. K. Brown, learned Amicus Curiae for the informant/respondent No.2. 2. Apprehending his arrest, the petitioner, namely, Nitai Mandal @ Nitya Mandal, son of Noren Mandal, resident of Village-Batgaon, Police Station-Sarthebari, District-Barpeta has filed this bail application seeking pre-arrest bail in Sarthebari Police Station Case No. 145/2024, registered under Sections 140(3)/65(1)/351(3) BNS, read with Section 4 of the POCSO Act, 2012. 3. As per the FIR dated 21.10.2024, the case is that on 16.10.2024 around 12 noon, when the minor victim girl of the complainant aged about 17 years was returning from Belbari Senior Collage, the accused petitioner forcefully took her in his motorcycle and committed rape on her. Thereafter, the accused petitioner dropped her at Singra village. As the victim girl was unwell, she could lodge the FIR only on 21.10.2024. 4. The said FIR of the complainant was accordingly registered as Sarthebari P.S. Case No. 145/2024, under Sections 140(3)/65(1)/351(3) BNS, read with Section 4 of the POCSO Act, 2012. 5. Perused the case diary including the statement of the victim girl recorded under Section 183 BNSS on 22.10.2024 by the learned JMFC, Barpeta. 6. In her statement under Section 183 BNSS, before the learned Magistrate, the victim girl implicated the petitioner of committing the crime alleged in said Sarthebari P.S. Case No. 145/2024. 7. From the case diary, it is also seen that police have already seized the Birth Certificate of the victim girl, issued by the Registrar of Birth and Death, Sarukhetri PHC issued on 22.07.2015 indicating the date of birth of the victim girl as 01.01.2007, which goes to show Page No.# 3/3 that on the date of the incident, i.e., on 16.10.2024, the victim girl was about 17 years, 9 months, a child as defined under the POCSO Act. 8. Considering such materials in the case diary, this Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner in said Sarthebari P.S. Case No. 145/2024. 9. Accordingly, this pre-arrest bail application of the petitioner, namely, Nitai Mandal @ Nitya Mandal, son of Noren Mandal in said Sarthebari P.S. Case No. 145/2024 stands rejected. 10. Return the case diary. 11. The assistance rendered by Ms. Manisha Karen Brown, learned Amicus Curiae in adjudicating this case is highly solicited. The Gauhati High Court Legal Services Authority shall pay the remuneration to Ms. Manisha Karen Brown, learned Amicus Curiae, on raising a bill. JUDGE Comparing Assistant