Page No.# 1/3 GAHC010273382024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3374/2024 KOWSAR ALOM S/O- RAHMAT ALI, R/O- VILLAGE BARBALI GAON, P.O- BORBALI, P.S- MURAJHAR, DIST-HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : TAWHID ALOM LASKAR, MR SARFRAZ NAWAZ,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 29.01.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor appearing for the State. Page No.# 2/3 By filing this application u/s 482 of BNSS, 2023, the petitioner, namely, Kowsar Alom, has sought for pre-arrest bail, in connection with Murajhar PS Case No.180/2024 under Sections 337/3(5) of the BNS, 2023 R/W Section 9/10/11 of the Prohibition of Child Marriage Act,2006. As per FIR, the allegation against the petitioner and his family members is that they forged the documents of the victim girl i.e. Birth certificate and Aadhar Card to get married with the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner had love affairs with the victim girl who is a minor and subsequently to get her married early, the documents of the victim girl i.e. Birth certificate and Aadhar Card has been forged by showing the date of birth as 10.01.2006 in place of 04.06.2009. It is further submitted that the child marriage that has not been solemnized due to intervention by the police in time, so the offence alleged has not been committed. In view of the above, the benefit of pre-arrest bail may be extended to the petitioner. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary and submits that as per statement of the victim, the petitioner has forged the documents i.e. Birth certificate and Aadhar Card of the victim to get married early and opposed in granting bail to the petitioner. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary which discloses that the petitioner has committed the offence by forging the documents i.e. Birth certificate as well Page No.# 3/3 as Aadhar Card of the victim girl. In view of the above, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner. Accordingly, the pre-arrest bail application stands rejected. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant