Page No.# 1/3 GAHC010262142024 2025:GAU-AS:6076 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3233/2024 SRI BABALI BORAH @ DHRUBA BORAH S/O LATE AJIT BORAH, RESIDENT OF VILLAGE ROWMARI, PO BATIAMARI, PS BEHALI, DIST BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:SRI RAMU NAYAK S/O LATE RAJEN NAYAK RESIDENT OF KETLA BAGAN 6 NOS. LINE JANGALI BASTI PS BEHALI DIST BISWANATH ASSA Advocate for the Petitioner : TUN RAJKHOWA, MR. R P HAZARIKA,MR. A RAJKHOWA Advocate for the Respondent : PP, ASSAM, MR A GOWALA (R-2),MR. S SUTRADHAR(R-2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 15-05-2025 Heard Mr. R. P. Rajkhowa, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the respondent No.1. Also heard Mr. J. P. Borah, learned counsel appearing on behalf of Mr. S. Sutradhar, learned counsel for the respondent No.2./informant. 2. The petitioner, namely, Sri Babali Borah @ Dhruba Borah, son of late Ajit Borah, resident of Village-Rowmari, Police Station-Behali, District-Biswanath Chariali has filed this application on 06.12.2024 under Section 438 CrPC seeking pre-arrest bail in Behali P.S. Case No.86/2021 registered under Sections 366 IPC, read with Section 4 of the POCSO, Act, 2012. 3. It is seen that in said Behali P.S. Case No. 86/2021 Charge Sheet was submitted on 14.11.2022 under Section 366 IPC, read with Section 4 of the POCSO Act against the petitioner, wherein he has been shown as absconder. 4. After filing of the charge sheet in said Behali P.S. Case No. 86/2021, the same was registered as Special (POCSO) Case No. 03/2022, presently pending before the Court of learned Special Judge (POCSO), Biswanath, Biswanath Chariali. 5. From the records of the case that was called for by order dated 24.01.2025, it is seen that the incident occurred on 16.11.2021 and the date of birth of the victim girl is 23.12.2006. As such, on the date of the incident, i.e., on 16.11.2021, the victim girl was 14 years, 10 months, 23 days, a minor, as defined under the POCSO Act. 6. Considering the provisions of Section 376(3) IPC (equivalent provision under Section 65 of the BNS) and Section 4 of the POCSO Act, 2012 and considering the provisions of Section 438(4) of the CrPC (equivalent provision under Section 482(4) BNS), Page No.# 3/3 this pre-arrest bail application filed by the petitioner, named above under Section 438 CrPC being not maintainable under the law, stands dismissed. JUDGE Comparing Assistant