Page No.# 1/3 GAHC010259672024 2025:GAU-AS:349 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3249/2024 SHARIFUL ISLAM S/O ABDUL HASIM VILL- MAHMARI PATHER P.S. LAHARIGHAT DIST MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:BANESA KHATUN W/O ANISUS JAMAN VILL- MAHMARI PATHER P.S. LAHARIGHAT DIST. MORIGAON ASSAM PIN-78127 M. NO. 9365990664 Advocate for the Petitioner : MD B ISLAM, F KHATUN,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09-01-2025 Heard Mr. B Islam, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Md. Shariful Islam, son of Abdul Hasim, resident of Village-Mahmari Pather, P.S.-Laharighat, District-Morigaon has filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail in POCSO Case No. 127/2024 arising out of Laharighat P.S. Case No. 14/2024 registered under Sections 354D/376/341/509/363/511/294 IPC read with Sections 4/12 of the POCSO Act. 3. By order dated 10.12.2024, the Court called for the records of said POCSO Case No. 127/2024 arising out of Laharighat P.S. Case No. 14/2024. 4. It is seen that police after completion of investigation of said Laharighat P.S. Case No. 14/2024 submitted the charge sheet in the said case on 31.08.2024, copy of which has also been annexed by the petitioner as Annexure-2. 5. In the charge sheet police categorically found sufficient evidence against the petitioner and also charge sheeted him under Sections 376(3)/354D/341/509/363/511/294 IPC read with Sections 4/12 of the POCSO Act, whereas, in the cause title as well as in the prayer portion of this pre-arrest bail application, the petitioner did not indicate Section 376(3) IPC and stated only about Section 376 IPC. 6. Section 438 (4) CrPC specifically provides that the provisions of Section 482 CrPC relating to Direction for grant of bail to persons apprehending arrest shall not apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code. Section 438(4) of Cr.P.C. is equivalent to Section 482(4) of BNSS, 2023. 7. As pre-arrest bail application under Section 376(3) IPC being barred by law, this pre- arrest bail application of the petitioner being not maintainable cannot be accepted. Page No.# 3/3 8. As such, this pre-arrest bail application of the petitioner, namely, Md. Shariful Islam, in POCSO Case No. 127/2024 arising out of Laharighat P.S. Case No. 14/2024, being not maintainable under the law, stands dismissed. 9. However, as the charge sheet in the case have already been submitted in said Laharighat P.S. Case No. 14/2024 and the same has been re-registered as POCSO Case No. 127/2024, the petitioner may approach the appropriate forum for his regular bail in said POCSO Case No. 127/2024 arising out of Laharighat P.S. Case No. 14/2024. JUDGE Comparing Assistant