Page No.# 1/3 GAHC010269862024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3341/2024 ABU TAHER ALI S/O AZIZUR SK. R/O VILL AND P.O. POKALAGI PT.III, P.S. GOLAKGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N ALAM R K, MR N BARMAN,MS J BARMAN,MS M MALIK,MR. A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.02.2025 Heard Mr. A. Rahman, learned counsel appearing for the petitioner. Also heard Mr. K. K. Das, learned Addl. Public Prosecutor appearing for the State respondent. This is an application filed under Section 482 of the BNSS, whereby the petitioner, Abu Taher Ali, has prayed for pre-arrest bail in connection with Golakganj P.S. Case No. 202/2024 under Sections 140(3)/3(5) of the BNS. Page No.# 2/3 The informant has lodged that on 23.08.2024, while his 16 years old daughter returned from school, she was deceitfully taken to the house of Moimona Bibi. There the girl changed her clothes and after that the present petitioner along with Moimona Bibi, Azizur, Sahidul Islam and Zabar Sheikh had kidnapped the girl. It may be stated that Azizur is the father of the present petitioner. During investigation, the girl was recovered. She made her statement under Section 183 of the BNS. She has stated that though she was 16 years old, she was in love with the present petitioner. Therefore, on 23.08.2024, she went to the house of Moimona Bibi (sister of the present petitioner) and from there, she and the present petitioner went to Kohima. They stayed there for two months. After that, police went to Kohima and recovered the girl. She also stated before the Magistrate that during her stay with the present petitioner, she had physical relationship with him. Mr. Das has objected to this bail application, stating that the girl was a minor girl and the offence alleged against the present petitioner is punishable for imprisonment of seven years. Mr. Rahman, on the other hand, submits that the girl was consenting party though she was below 18 years of age. I have considered the submissions of both sides. Under the given circumstances of the case, this Court found sufficient reasons to agree with the petitioner. Though the girl was minor at that time, she had all the knowledge about life and she stayed with the petitioner at Kohima for more than two months. This Court is of the opinion that the petitioner does not deserve to be detained in custody. As such, the pre-arrest bail application is allowed. Page No.# 3/3 Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority. Return the case diary. With the aforesaid observation, this application is disposed of. JUDGE Comparing Assistant