Page No.# 1/3 GAHC010276872024 2025:GAU-AS:204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/14/2025 RAKIBUL ALI @ ISLAM S/O ROLL AMIN, R/O VILL- NO. 2 KAWADI, P.O.-SONAIKHULA, P.S.- MANIKPUR, DIST- BONGAIGAON, PIN-783391 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SAHEDA KHATUN D/O LATE TASER ALI R/O VILL- LUNGJHAR P.S.-MANIKPUR DIST- BONGAIGAON (ASSAM) PIN-78339 Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS A BORAH,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 07/01/2025 Heard Mr. F A Hassan, learned counsel appearing on behalf of Mr. S C Biswas, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Rakibul Ali @ Islam, son of Roll Amin, resident of Village-No. 2 Kawadi, P.S. Manikpur, District-Bongaigaon, has filed this application under Section 482 BNSS, seeking pre-arrest bail apprehending his arrest in Manikpur P.S. Case No. 152/2024 registered under Sections 126(2)/127(2)/137(2)/65(1) BNS read with Section 4 of the POCSO Act corresponding to G.R. No. 662/2024. 3. As per the FIR dated 28.11.2024 lodged by the victim girl before the Officer-in-Charge of Manikpur Police Station, the case is that on 09.11.2024 around 8:00 PM, the petitioner by inducing her took her in his motor cycle and committed rape on her at Sonaikhula filed in spite of her objection and physical resistance. Then, he took her to the house of one Abu Sama. On 10.11.2024 in the morning around 7:00 am, the petitioner forcefully took her to Barpeta Road Railway Station in his motor cycle so as to take her to Kerala for her sale. On coming to know about that the victim made hue and cry and the petitioner fled away from the scene. After the victim girl informed the incident to her elder brother, he came to the Barpeta Road Railway Station and took her back to their residence. The said written FIR of the victim girl was accordingly registered as Manikpur P.S. Case No. 152/2024 under Sections 126(2)/127(2)/137(2)/65(1) BNS read with Section 4 of the POCSO Act. 4. In the FIR format, the date of birth of the victim girl has been indicated as 23.03.2011 and considering that as on 09.11.2024, i.e., on the date of the incident, the minor victim girl was found to be of 13 years 7 months 16 days. 5. Section 482 of the BNSS, 2023 relates to “Direction for grant of bail to person apprehending arrest”. 6. Section 482(4) of the BNSS, 2023 stipulates that – Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. Page No.# 3/3 7. In the case in hand, the petitioner is an accused under Section 65(1) of BNS, 2023. Whereas, the minor victim girl at the time of the incident on 09.11.2024 was much under 16 years of age. 8. As such, this pre-arrest bail application of the petitioner, Rakibul Ali @ Islam, in said Manikpur P.S. Case No. 152/2024, being not maintainable in law, stands dismissed. JUDGE Comparing Assistant