Page No.# 1/2 GAHC010276992024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3420/2024 NASIR UDDIN BARBHUIYA S/O LATE ALI RAJA BARBHUIYA VILL- MATIJURI, P.S.HAILAKANDI DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M J QUADIR, MR. A K HANNAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025 Heard Mr. MJ Quadir, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, praying for pre-arrest bail in respect of Algapur P.S. Case No. 61/2024. 3. One woman named Husna Begum Laskar, aged about 27 years, lodged a case against her Page No.# 2/2 husband, namely, Hanif Ahmed Choudhury. The case was registered u/s 498(A) of the Indian Penal Code. The trial court found Hanif Ahmed Choudhury not guilty and acquitted him of the charge u/s 498(A) of the IPC. 4. Thereafter, the said lady filed a complaint petition before the court of the learned Chief Judicial Magistrate, Hailakandi. That complaint petition was filed against Siraj Hussain Choudhury and the present petitioner. The complaint was transferred to police and accordingly, police registered a case being Algapur P.S. Case No. 61/2024. 5. The factual matrix leading to filing of the complaint is that the woman Husna Begum Laskar had gone to Hailakandi for selling her ancestral property, where she met the present petitioner. Both became friends. The woman even visited the house of the present petitioner on several occasions. According to her, the present petitioner told her that he knew a boy, who might have interest in marrying her. That boy is Siraj Hussain Choudhury. Therefore, the woman came into contact with Siraj Uddin Choudhury, who lives in Lanka in the district of Hojai. Siraj Uddin Choudhury also showed interest in marriage, but he said that their marriage cannot take place at Lanka. So, in order to get married, both of them went to Hyderabad, where he had physical relationship with the woman for about 3 to 4 months. The woman became pregnant and she was sent to Algapur. Thereafter, Siraj Uddin Choudhury took her to Algapur hospital for abortion of her pregnancy. The woman refused to abort her pregnancy and thereafter, Siraj Uddin Choudhury went away and the woman is now more than 8 months pregnant. 6. Police registered the case under Sections 376/493 of the Indian Penal Code read with Section 34 of the said Code. 7. I have considered the submissions made by the learned counsels of both sides. 8. The facts and circumstances projected in this case do not justify existence of a prima-facie case under Sections 376/493 of the Indian Penal Code against the present petitioner. Therefore, he does not deserve to be detained in custody. His pre-arrest bail application is allowed. 9. It is hereby directed that in the event of arrest in connection with Algapur P.S. Case No. 61/2024, the petitioner, Nasir Uddin Barbhuiya shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of arresting authority. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant