Page No.# 1/4 GAHC010258202024 2025:GAU-AS:54 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3178/2024 DILUWAR HUSSAIN @ DILDAR S/O MD. KAKKAR R/O VILL- KURANIBORI,P.S. MAYONG, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:NUR MOHAMMAD S/O LT. ABDULBAREK R/O VILL- KUKUWARI P.S. MAYONG DIST. MORIGAON ASSA Advocate for the Petitioner : MR S M ABDULLAH P, MR S H SIKDAR,MR. J ALI,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, MR B ISLAM (R-2) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 03/01/2025 Heard Mr. S H Sikdar, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the respondent No. 1. Also heard Mr. B Islam, learned counsel for the informant/respondent No. 2. 2. The petitioner, namely, Diluwar Hussain @ Dildar, son of Md. Kakkar, resident of Village- Kuranibori, P.S. Mayong, District-Morigaon has filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending his arrest in Mayong P.S. Case No. 33/2024 registered under Sections 365/343 of IPC added Section 376 of IPC read with Section 6 of POCSO Act. 3. The informant/respondent No. 2 on 05.04.2024 lodged an FIR before the Officer-in-Charge of Mayong Police Station alleging that his minor daughter of 17 years old is missing from home since 23.02.2024 around 8:00 pm. Though, they made search to find out her but could not find her and later, could come to know that his minor daughter has been taken away by the accused petitioner with the help of his father. Accordingly, said FIR was registered as Mayong P.S. Case No. 33/2024 under Sections 365/343 IPC added Section 376 of IPC read with Section 6 of POCSO Act. 4. Initially, the learned Sessions Judge, Morigaon by order dated 30.09.2024 in Bail Application No. 423/2024 preferred by the petitioner granted pre-arrest bail to the petitioner in said Mayong P.S. Case No. 33/2024. Later, on the prayer of the Investigating Officer of the case Section 376 IPC read with Section 6 of the POCSO Act was added in addition to Sections 365/343 IPC in said Mayong P.S. Case No. 33/2024 by order dated 07.10.2024. On addition of Section 376 IPC read with Section 6 of the POCSO Act, the pre-arrest bail granted to the petitioner in Mayong P.S. Case No. 33/2024 was cancelled by the learned Special Judge (POCSO), Morigaon vide order dated 12.11.2024. Apprehending his arrest, the petitioner has filed this pre-arrest bail application in said Mayong P.S. Case No. 33/2024. 5. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 6. Also perused the statements of the victim girl recorded under Section 183 BNSS, 2023 by the learned Judicial Magistrate, First Class, Morigaon on 05.09.2024, the statement of the victim girl Page No.# 3/4 recorded by police under Section 180 BNSS, 2023 as well as the medical report of the victim girl issued by the Medical and Health Officer, S.T.H. Civil Hospital, Morigaon on 04.09.2024. 7. As per the medical report of the victim dated 04.09.2024, she is pregnant of 23 weeks as per ultra-sonography report. Further, as per the x-ray report, the victim girl is between 16 to 18 years of age. As per the school transfer certificate dated 31.10.2024 issued by the Tukuari L.P. School, Kuranibori, Mayong, District-Morigaon, the date of birth of the victim girl is 15.11.2006. 8. In her statement before the learned Magistrate under Section 183 BNSS recorded on 05.09.2024, the petitioner submitted that since last three years she was having a love affair with the petitioner and as her parents decided to give her marriage with someone else she on the night of 23.02.2024 eloped with the petitioner. Initially, both of them went to Nagaon and from Nagaon, they went to Kerala and stayed there upto August, 2024 and returned from Kerala on 03.09.2024. Before the Magistrate, the victim girl stated that the petitioner did not forcefully take her but she at her own will went with the petitioner. She further stated before the learned Magistrate that she lived with the petitioner all along since 23.02.2024 and also returned with him from Kerala on 03.09.2024 as they came to know that her father has filed a case against the petitioner. 9. Considering her school certificate dated 31.10.2024, the victim was found to be of 17 years 3 months and 8 days on 23.02.2024, the date when she eloped with the petitioner. 10. Mr. Islam, learned counsel for the informant/respondent No. 2 submitted that the informant was not aware of such relationship of his daughter with the petitioner. Mr. Islam, learned counsel appearing on behalf of the informant also submitted that he does not have any objection if the petitioner is released on bail. 11. It is seen that the petitioner in his affidavit filed along with this application stated that he is 25 years old, whereas the victim was just above 17 years of age on the date of the incident when she eloped with the petitioner. Because of having sexual relation with the minor victim by the petitioner, the victim is now pregnant as per the medical report dated 04.09.2024. 12. Considering such materials in the case diary with regard to his involvement in the alleged crime, this Court is the view that it is not a fit case to grant pre-arrest bail to the petitioner, named above, in said Mayong P.S. Case No. 33/2024. 13. Accordingly, this pre-arrest application of the petitioner, namely, Diluwar Hussain @ Dildar Page No.# 4/4 in said Mayong P.S. Case No. 33/2024 stands rejected. 14. Return the case diary. JUDGE Comparing Assistant