Page No.# 1/4 GAHC010256942024 2025:GAU-AS:4010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3238/2024 MONOWAR HUSSAIN S/O SAHAJAMAL SK. VILL- KHOLISHAMARI P.O. AND P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MOTIYAR RAHMAN S/OLT. ALEPUDDIN SK. VILL- NAYAGAON P.O. AND P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78312 Advocate for the Petitioner : MR. M MONDAL, MR M CHOUDHURY Advocate for the Respondent : PP, ASSAM, MR D C NATH (R2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03.04.2025 Heard Mr. Moswaldir Mondal, learned counsel for the petitioner and Mr. Bidyut Sarma, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. Dayal Chandra Nath, learned counsel for the informant/ respondent No.2. 2. Apprehending his arrest, the petitioner, Monowar Hussain, son of Sahajamal Sk, resident of Village-Kholishamari, Police Station-Sukchar, District-South Salmara Mankachar has filed this application on 30.11.2024 under section 482 of the BNSS 2023 praying for his pre-arrest bail in Special (POCSO) Case No. 200/2024 arising out of Sukchar Police Station Case No. 59/2023 corresponding to G.R. No. 181/2023, presently pending before the Court of learned Special Judge, South Salmara Mankachar. 3. Petitioner contended that learned Special Judge, South Salmara Mankachar on 24.10.2024 in Special (POCSO) Case No. 200/2024 arising out of Sukchar P S Case No. 59/2023 took cognizance of the offence under Sections 9/10/11 of the Prohibition of Child Marriage Act read with Sections 6/17 of the POCSO Act against him and issued Summons to him for his appearance in the said Special Case. Hence this anticipatory bail application by him in the said Special (POCSO) Case No. 200/2024. 4. Petitioner submitted that he is no way involved with any such offenses of the case and in spite of that he has been made an accused in the case and cognizance of those offences have been taken against him. He further stated that all the allegations lodged against him are false and baseless. 5. As per the FIR dated 02.02.2023 lodged before the Officer-in-Charge of Sukchar Police Station by a resident of Village-Char Kholishamari alleging that the petitioner married a young girl who as per information was below the permissible age of marriage and that the age of the bride Page No.# 3/4 was less than 18 years and that the petitioner taking the advantage of her poor family condition married her by inducement. In the said FIR the complainant gave full details of the bride and also stated that her marriage with the petitioner took place in a traditional manner in presence of relatives of both the victim girl as well as the petitioner and that the said marriage was performed by a local Kazi. The side FIR was accordingly registered as Sukchar Police Station Case No. 59/2023 under Sections 9/10/11 of the Prohibition of Child Marriage Act, 2006 read with Sections 6/17 of the POCSO Act, 2012 corresponding to GR No.181/2023. 6. By orders dated 10.03.2025 and 27.03.2025, the Court called for the scanned legible copy of the records of Special (POCSO) Case No. 200/2024 along with the copy of the records of Sukchar P S Case No. 59/2023 from the Court of learned Special Judge (POCSO), South Salmara, Mankachar, in which police after competition of the investigation of the case submitted the Charge-sheet against the petitioner on 31.05.2023. 7. On perusal of the case records, it is seen that police seized the Birth Certificate of the victim girl. But she in her statement before the learned Magistrate under Section 164 CrPC as well as before the Investigating Officer of the case under Section 161 CrPC denied of her marriage with the petitioner and further the victim girl as well as her parents did not give consent for her medical examination. From the records of the case, it is also seen that the petitioner, in spite of the relevant information given to him, did not appear before the investigating officer of the case and evaded arrest and did not cooperate with the investigation of the case. However, the Investigating Officer of the case on the basis of the statements of the witnesses recorded under section 161 CrPC submitted the Charge-sheet in the case under Section 9 ofthe Prohibition of Child Marriage Act, 2006 and to declare the petitioner as an absconder. 8. Records of the case also reveals that considering the charge-sheet dated 31.05.2023 submitted in Sukchar P.S. Case No. 59/2023, the learned Special Judge (POCSO), South Salmara, Mankachar in Special (POCSO) Case No. 200/2024 arising out of said Sukchar P.S. Case, by order dated 24.10.2024 came to a finding that the charge-sheet in said Sukchar P.S. Case No. 59/2023 has been submitted under Sections 9/10/11 of the Prohibition of Child Marriage Act read with Sections 6/17 of the POCSO Act against the petitioner, Monowar Hussain and took cognizance of the offence under those Sections against him and issued summons to him for his appearance though the Investigating Officer of said Sukchar P.S. Case No. 59/2023 submitted the charge- Page No.# 4/4 sheet against the petitioner, only under Section 9 of the Prohibition of Child Marriage Act. 9. Considering the above, the petitioner is directed to appear before the learned Special Judge (POCSO), South Salmara, Mankachar in said Special (POCSO) Case No. 200/2024 on or before 10.04.2025 and to submit necessary application praying before the said Court for his regular bail in said Special (POCSO) Case. 10. In the event of his appearance and filing of regular bail application by the petitioner on or before 10.04.2025, as directed above, the same shall be considered by learned Special Judge (POCSO), South Salmara, Mankachar considering the charge-sheet filed in said Sukchar P.S. Case No. 59/2023 and shall grant him bail in such terms and conditions that it may seem fit and proper, securing the presence of the petitioner, Monowar Hussain, son of Sahajamal Sk in said Special (POCSO) Case No. 200/2024 till its conclusion. 11. With the above observation and direction, this pre-arrest bail application, stands disposed of. JUDGE Comparing Assistant