Page No.# 1/3 GAHC010270722024 2025:GAU-AS:3975 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3338/2024 SHRI JWMWISRANG BRAHMA @ JEMSARANG BASUMATARY S/O BHABEN BASUMATARY R/O VILL- PURADIYA,P.S. BIJNI, DIST. CHIRANG, BTAD, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR R DHAR, J DAS,MRS. A BASUMATARY,MR B C MUCHAHARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 03.04.2025 1. Heard Mr. R. Dhar learned counsel for the petitioner Jwmwisrang Brahma @Jemsarang Basumatary, who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Bijni Police Station Case No. 158/2024 Page No.# 2/3 under Sections 64(2)(f)(m)/106/238 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the respondent State. 3. The FIR unfolds that the victim 'X’ has been working for one year in the petitioner's house. The petitioner continuously committed sexual assault on the victim and impregnated her. The victim was 8 months pregnant when she went to her mother's house and she was admitted in Bongaigaon Swagat Hospital on 29.11.2024. The victim's health deteriorated and her unborn child died and after that, the victim also died on 03.12.2024. Her dead body was brought home and buried by the people at Buldi village. The victim's parents and local people did not lodge any ezahar relating to the incident but the All Adivashi Students Association of Assam (AASAA) lodged this ezahar against the petitioner. 4. It is submitted that, as there arises no case against the petitioner as the victim's parents have not lodged any ezahar(FIR) against him. A third party has lodged this ezahar against the petitioner with false allegations. 5. Learned Additional Public Prosecutor has raised objection stating that although the victim's family members have not lodged any ezahar, there are incriminating materials in the Case Diary against the petitioner. The statements of the witnesses recorded under Section 183 of the BNSS clearly implicates the petitioner. 6. I have scrutinized the Case Diary. Investigation is still under progress. The merits of this case are not brought to the fore. 7. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. 8. Hence, petition stands rejected at this stage. Page No.# 3/3 9. Send back the Case Diary. JUDGE Comparing Assistant